RULE 43.

Rule 43. Pretrial

Conference in Contested Matters

43.01 TimingThe court may convene a pretrial conference sua sponte or upon the motion of any party. Any pretrial conference shall take place at least ten (10) days prior to trial.

43.02 PurposeThe purposes of a pretrial conference shall be to:(a) determine whether a settlement of any or all of the issues has occurred or is possible;

(b) determine whether all parties have been served and, if not, review the efforts that have taken place to date to serve all parties;

(c) determine whether all parties who seek legal representation have obtained legal representation and determine that attorneys of record have filed certificates of representation with the court;

(d) identify any unresolved discovery matters;

(e) resolve any pending pretrial motions;

(f) determine the order in which evidence will be presented pursuant to Rule 45;

(g) identify and narrow issues of law and fact for trial, including identification of:(1) the factual allegations admitted or denied;(2) any stipulations to foundation and relevance of documents; and(3) any other stipulations, admissions, or denials;

(h) exchange witness lists and a brief summary of each witness’ testimony;

(i) set a deadline for the exchange of exhibits prior to trial and determine how exhibits shall be marked prior to the start of trial;

(j) confirm the trial date and estimate the length of trial; and(k) determine any other relevant issues.

(Amended effective January 1, 2007.)

43.03 Pretrial OrderWithin fifteen (15) days of the pretrial conference, the court shall issue a pretrial order which shall specify all determinations required by this rule. From the date of the pretrial conference to the commencement of the trial, the parties shall have a continuing obligation to update information provided during the pretrial conference.

(Amended effective August 1, 2009.)

Source: Minnesota Office of the Revisor of Statutes