Pot. Cnty. Pa. L212.3

As amended through March 15, 2024
Rule L212.3 - Pre-Trial Conference
(a) For purpose of this rule, "pre-trial" shall mean a type of conference described in Pa. R.Civ.P. 212.3.
(b) Except as otherwise ordered by the court, pre-trial conferences shall be held at times directed by the court. Pre-trial conferences are extended to all actions not subject to arbitration under Local Rule L1302, and arbitration comes by special order. Counsel shall be trial ready and fully prepared as of the time of the pre-trial conference, otherwise, said matter shall be stricken from the trial list.
(c) Any application for continuance of the conference shall be by motion addressed to the court.
(d) Counsel attending the pre-trial conference must have complete authority to stipulate on items of evidence and admissions and must have full settlement authority. If counsel does not have such authority then the person or corporation having the actual interest in the case, whether as a party, as an insurance carrier or otherwise, shall be personally present at the pre-trial conference.
(e) At least seven (7) days before the date set for the pre-trial conference, each party shall submit to the court and opposing counsel a pre-trial statement in accordance with Pa.R.Civ.P. 212.2, to include:
(1) A narrative statement of the facts that will be offered by oral or documentary evidence at trial, and a statement of any unusual questions of evidence anticipated with respect to proof of such facts.
(2) A statement of any unusual questions of law anticipated with respect to the issues in the case. All such questions shall be presented with a statement of authority supporting the position taken with respect to such unusual questions of law.
(3) A list of names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses. The listing of a witness by a party shall impose no liability on the party to call the witness or to procure his attendance at trial.
(4) Medical reports of any doctor who treated, examined or was consulted in connection with the injuries complained of, and who may be called as a witness.
(5) The reports of any expert whose opinion will be offered in evidence at the time of trial. Such report shall include the findings and conclusions of the expert.
(6) A list of all items of special damages which the party intends to prove, including medical bills, property damage bills (or estimates if there are not bills) and loss of earnings. Claims for loss of earnings shall set forth the names of employers, dates of absences and rates of pay. If the party is self-employed, information which forms the basis for the loss of income attributable to the injuries shall be supplied.
(7) Each party's pre-trial statement shall include an exhibit list and a copy of all exhibits, which shall be pre-marked, that the party may use at trial. At the time of trial, a copy of the pre-marked exhibits must be provided to the Court and a copy of the exhibits list must be provided to the Court, court reporter, and opposing counsel.
(8) A copy of any hypothetical questions to be used with regard to the subject except the physical or mental condition of the party, or the cause thereof, together with the name and address of the witness to whom it is to be propounded.
(9) A copy of any plan or plot proposed to be introduced into evidence.
(10) An estimate of the length of time which will be required to present the party's case in chief.
(f) Counsel shall meet before trial and review their respective exhibits to determine whether a stipulation can be reached regarding the admissibility of any exhibits, thereby alleviating the need of calling a sponsoring witness.
(g) For each exhibit which shall be made part of the record the party offering the exhibit shall provide a copy of the exhibit to the Court and opposing counsel.
(h) If a party, in the exercise of reasonable diligence, first becomes aware after the pre-trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, they shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit hypothetical question, plot or plan as is required on the pre-trial statement set forth in (e) above.

Failure to provide such information shall not be in compliance with this subsection, and may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plan or plot at trial.

Pot. Cnty. Pa. L212.3

Amended effective 4/18/2019.