(8).Medical Malpractice Settlement Conference. In medical malpractice cases, as part of the pre-trial conference or as part of the agreed-to pre-trial order, the court shall designate the person before whom a settlement conference will be conducted and shall provide for the scheduling of said conference not less than forty-five (45) days before trial. * * * * * * * * * * * * * * * * * * * * * * * * * *
PRETRIAL QUESTIONNAIRE
Instruction: This questionnaire must be completed by each party and copies mailed to the Presiding Judge and all other counsel at least one week prior to pretrial conference. All questions must be answered or indicated as not applicable. All answers must be typed. If the space provided is not sufficient for your answers, you may type your own questionnaire and answers in accordance with this format.
1. The name of the party you represent: 2. Contentions and theories of recovery: a. Theory of your claim or defense and supporting factual contentions (including, if applicable, grounds of negligence or comparative negligence against parties and non-parties, and affirmative defenses): b. List and itemize total of damages claimed: 3. Request for amendments to your pleadings: 4. Request for admissions and stipulations: a. The Court has jurisdiction over the parties and the subject matter. b. Venue is proper in ____________ County, Kansas. 5. List names and addresses of all witnesses you intend to call at trial: (Identify as an expert any witness you intend to call as an expert.) 6. List all exhibits you intend to offer at trial and identify any which have not already been shown to opposing counsel: *General classifications of witnesses and exhibits are not acceptable. 7. Motions: a. List motions you have pending: b. List motions you intend to file prior to trial and date by which you propose to file each motion:8. Trial Assignment: a. Is this trial to the Court or to a jury or to a master to be appointed by the Court? b. Will a jury of 6 members be accepted? c. What is the estimated time for trial?d. Should case receive priority setting and if so, why? (If due to out-of-town witnesses, please specify.) (Counsel are required to bring scheduling calendars to the pretrial conference.)9. Guardian ad litem: Does any party require a guardian ad litem?10. Expert or Cumulative Witness Limitations: List request for limitation of witnesses:13. Unusual questions of evidence:14. Anticipated problems relative to jury instructions: 15. Settlement: a. What are the prospects of settlement?b. Would a settlement conference be of assistance? 16. Do you plan to file trial briefs? If so, set forth proposed time schedule for filing. 17. State any procedural problems or recommendations:18. Discovery: (It is presumed that all discovery is completed at the time of pretrial.) a. If further discovery is requested, specify what further discovery is necessary, and state why: b. State when it would be completed and request leave under Supreme Court Rule 136 to continue specified limited discovery: __________________________________
Attorney for: _______________________
CERTIFICATE OF SERVICE
On this ______ day of _________________, ______, a true and correct copy of this document was mailed, postage prepaid, to:
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SAMPLE
PRETRIAL CONFERENCE ORDER
This Pretrial Conference order is entered by Judge _____________________ on the ____ day of ____________________,______. Counsel present were___________________________ appearing for the plaintiff; and___________________________ appearing for the defendant.
WHEREUPON, the Court conducted a pretrial hearing under Supreme Court Rule No. 140: (If an agreed upon order so states.)
1. PLAINTIFF'S CONTENTION AND THEORIES OF RECOVERY The plaintiff's contentions and theories of defense are as follows:
2. DEFENDANT'S CONTENTIONS AND THEORIES OF DEFENSE The defendant's contentions and theories of defense are as follows:
3. AMENDMENTS TO THE PLEADINGS The Court allowed the following amendments to the pleadings:
4. ADMISSIONS AND STIPULATIONS The parties agree to be bound by the following:
a. The Court has jurisdiction over the parties and of the subject matter.b. Venue is proper in ______________ County, Kansas.5. WITNESSES (If you intend to call any witness as an expert, so identify them.) c. Identified by both parties: 6. EXHIBITS c. Identified by both parties: 7. MOTIONS The Court made the following rulings on motions and the filing of motions:
8. EXPERT OR CUMULATIVE WITNESS LIMITATIONS The Court made the following limitations on expert and cumulative witnesses:
9. ISSUES OF FACT The issues of fact to be determined in this action are as follows:
10. ISSUES OF LAW a. The following issues of law are identified: b. Rulings on issues of law: 11. QUESTIONS OF EVIDENCE OR PROCEDURE a. The following questions of evidence or procedure are identified: b. Rulings on evidence or procedural questions: 12. JURY INSTRUCTIONS a. The following jury instruction problems are identified:b. Ruling on jury instruction: (1) Proposed jury instructions will be submitted _____ days before trial. 13. TRIAL BRIEFS Trial briefs, if any must be submitted ______ days before trial.
14. ORDERS In addition to the foregoing, the Court made these additional orders:
a. All discovery is terminated except: (1) Uncompleted discovery which is specifically allowed as follows: b. This Pretrial Order supersedes all pleadings and shall control the trial of this matter. c. Witnesses and exhibits listed by one party may be called by any other party. All exhibits will be marked and exchanged by the parties 7 days before trial. d. The trial of this case shall be limited to the issues, witnesses and exhibits listed; and no deviation therefrom will be permitted except for rebuttal or impeachment purposes or by special order of the Court to prevent manifest injustice. 15. TRIAL OF THE ACTION Trial of this case shall be to a jury of twelve (12) persons and a majority verdict of 10 will be required. (Modify if six-member jury is acceptable.) Estimated time of trial is _____ days and will commence on _________________.
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