HomeMy WebLinkAbout39- 212. Pre-Trial Conference1
39 Jud. Dist. R.C.P. 212.1 Scheduling of Pre-Trial Conferences.
(a) Any party may motion for a pre-trial conference, or the Court may sua sponte
schedule a pre-trial conference in all civil cases not subject to arbitration
pursuant to Section 7361 of the Judicial Code, 42 Pa.C.S.A. §7361.
(b) No pre-trial conference shall be scheduled until all pre-trial Motions, Petitions,
Answers and Objections have been disposed of, discovery is complete, expert
reports have been exchanged, and the case is ready for trial, unless one or more
of those requirements is waived by the parties and approved by the assigned or
presiding judge.
39 Jud. Dist. R.C.P. 212.2 Contents of Pre-Trial Statements, Witnesses and
Exhibits Not Listed in Pre-Trial Statement.
(a) Each party shall file a pre-trial statement that contains the items set forth in
Pa.R.C.P. 212.2(a) and the following:
1. A statement of the legal theory upon which the right of recovery or
defense is predicated, together with a citation of authority supporting the
party's position;
2. A statement of any legal issues likely to arise at trial which will require a
ruling by the Court with citation to authority supporting the party's
position;
3. An itemized statement of damages to be proved at trial, and where
applicable, the amount claimed for each item of damage;
4. A list of any hypothetical questions to be used;
5. The estimated length of trial;
6. A statement pursuant to Pa.R.C.P. 220.3(a) whether the party waives the
physical presence of a judge during voir dire;
7. A statement pursuant to Pa.R.C.P. 220.3(f) whether the party waives the
recording of voir dire;
8. A certification that alternative dispute resolution (ADR) has been
previously pursued or, if not, that ADR was discussed by the parties and
rejected only after good faith consideration;
9. The nature and extent of any technology to be utilized at trial; and
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10. Any other item(s) required by the assigned judge as set forth in the pre-
trial order.
(b) All pre-trial statements shall be filed with the Prothonotary at least ten (10) days
prior to the pre-trial conference and served upon each party consistent with
Pa.R.C.P. 440(a).
(c) If a party becomes aware of the necessity or desirability of using a witness or
exhibit not listed in the party’s pre-trial statement, the party shall promptly
notify opposing counsel and the assigned judge of the name and address of the
witness or the nature of the exhibit. A party may not call a witness or use an
exhibit without first having complied with this subdivision unless the Court has
granted permission upon good cause shown.
39 Jud. Dist. R.C.P. 212.3 Appearance at the Pre-Trial Conference, Sanctions.
(a) Each party, whether or not they are represented by counsel, shall appear at the
pre-trial conference. All counsel who will be in direct charge and responsible
to the Court at trial shall appear at the pre-trial conference. Such counsel must
be vested with authority to bind their client by stipulation with respect to the
trial and be vested with authority to settle the case.
(b) Unless excused from attendance in advance by the Court, counsel who fails to
attend the pre-trial conference shall not be permitted to participate in the trial of
the case.
(c) If any party or any party’s counsel fails to attend the pre-trial conference or fails
to comply with the requirements of these Rules or any pre-trial order or
stipulation, the Court may sua sponte or upon motion of a party impose such
penalty or sanction in accordance with Pa.R.C.P. 212.2(c).
39-212.4 Rescinded
39-212.5 Rescinded
39-212.6 Rescinded
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Adopted by Order of Court dated December 7, 1993
Published at 23 Pa. Bull. (December 25, 1993)
Amended by Order of Court dated October 5, 2009
Published at 39 Pa. Bull. 6229 (October 24, 2009)
Amended by Order of Court dated March 25, 2025
Published in the Pennsylvania Bulletin, 55 Pa.B. 2586, Pa.B. Doc. No. 25-453,
(April 5, 2025)
