What should be discussed pretrial?
The National Center for State Courts and others suggest that the following items be discussed pretrial: • Alternatives to trial, such as settlement, mediation, or arbitration • Jury waiver • Identity of parties and counsel • Requests for continuances • Ground rules • Judge’s disqualification—this should be resolved immediately if it is an issue • Narrowing of issues • Stipulations and/or admissions • Possible bifurcation or other changes in the trial plan • Deadlines for raising and resolving special defenses, liability and damages, equitable and legal issues, and severance or consolidation • Witnesses (particularly exchange of names), limitations on scope and number of experts, hypothetical questions, glossary of technical terms to be used, interpreters, order of cross-examination in multiple-party cases, limitations on examination, and scheduling • Exhibits, including advance exchange, stipulations about admissibility, numbering and handling, and the use of copies in lieu of original
