Rule 7. Pre trial conferences.
Rule 7.1. Civil.
Rule 7.2. Civil pre trial order.
Rule 7.3. Interpreters
Rule 7.4. Criminal matters.
Rule 7.1. Civil.
The assigned judge may set pre trial conferences sua sponte or upon motion. In scheduling actions for pre trial conferences the court shall give consideration to the nature of the action, its complexity and the reasonable time requirements for preparation for pre trial. In the event a pre trial conference is ordered, the following shall apply.
A calendar will be published or a written order issued specifying the time and place for the pre trial conference. The court will consider the issues stated in Rule 16 of the Civil Practice Act (O.C.G.A. § 9-11-16) among others. Subject to the provisions of Rule 17, the pre trial hearing shall be attended by the attorneys who will actually try the action; with the consent of the court, another attorney of record in the action may attend if authorized to define the issues and enter into stipulations. At the commencement of the pre trial conference, or prior thereto upon written order of the court, counsel for each party shall present to the court a written proposed pre trial order in substantially the form required by the rules. Failure of counsel to appear at the pre trial conference without legal excuse or to present a proposed pre trial order shall authorize the court to remove the action from any trial calendar, enter such pre trial order as the court shall deem appropriate, or impose any other appropriate sanction, except dismissal of the action with prejudice.
Rule 7.2. Civil pre trial order.
At the pre trial conference, or prior to that day if specified in the pre trial calendar, counsel for each party shall have prepared and shall file with the court a proposed pre trial order in substantially the following form:
IN THE SUPERIOR COURT OF _____ COUNTY
STATE OF GEORGIA
CIVIL ACTION, CASE NO. ______
PRE TRIAL ORDER
The following constitutes a Pre Trial Order entered in the above styled case after conference with counsel for the parties:
(1) The name, address and phone number of the attorneys who will conduct the trial are as follows:
(2) The estimated time required for trial is __________________________
(3) There are no motions or other matters pending for consideration by the court except as follows:____________________________________________________________________________________________________________________________________________________
(4) The jury will be qualified as to relationship with the following:
(5)a. All discovery has been completed, unless otherwise noted, and the court will not consider any further motions to compel discovery except for good cause shown. The parties, however, shall be permitted to take depositions of any person(s) for the preservation of evidence for use at trial.
b. Unless otherwise noted, the names of the parties as shown in the caption to this order are correct and complete and there is no question by any party as to the misjoinder or nonjoinder of any parties.
(6) The following is the Plaintiffs brief and succinct outline of the case and contentions: _________________________________________________________________________
(7) The following is the Defendants brief and succinct outline of the case and contentions: _________________________________________________________________________
(8) The issues for determination by the jury are as follows: _________________________________________________________________________
(9) Specifications of negligence including applicable code sections are as follows: _________________________________________________________________________
(10) If the case is based on a contract, either oral or written, the terms of the contract are as follows (or, the contract is attached as an Exhibit to this order): ____________________________________________________________________________________________________________________________________________________________
(11) The types of damages and the applicable measure of those damages are stated as follows: _________________________________________________________________________
(12) If the case involves divorce, each party shall present to the court at the pre trial conference the affidavits required by Rule 24.2.
(13) The following facts are stipulated:____________________________________________
(14) The following is a list of all documentary and physical evidence that will be tendered at the trial by the Plaintiff or Defendant. Unless noted, the parties have stipulated as to the authenticity of the documents listed and the exhibits listed may be admitted without further proof of authenticity. All exhibits shall be marked by counsel prior to trial so as not to delay the trial before the jury.
a. By the Plaintiff: __________________________________________________
b. By the Defendant: __________________________________________________
(15) Special authorities relied upon by Plaintiff relating to peculiar evidentiary or other legal questions are as follows: _________________________________________________________________________
(16) Special authorities relied upon by Defendant relating to peculiar evidentiary or other legal questions are as follows: _________________________________________________________________________
(17) All requests to charge anticipated at the time of trial will be filed in accordance with Rule 10.3.
(18) The testimony of the following persons may be introduced by depositions: _________________________________________________________________________ Any objection to the depositions or questions or arguments in the depositions shall be called to the attention of the court prior to trial.
(19) The following are lists of witnesses the
a. Plaintiff will have present at trial: __________________________________________
b. Plaintiff may have present at trial: _________________________________________
c. Defendant will have present at trial: ________________________________________
d. Defendant may have present at trial: ________________________________________
Opposing counsel may rely on representation by the designated party that he will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain his testimony by other means.
(20) The form of all possible verdicts to be considered by the jury are as follows: _________________________________________________________________________
(21)a. The possibilities of settling the case are: ____________________
b. The parties do/do not want the case reported.
c. The cost of take down will be paid by: _____________________________
d. Other matters:
It is hereby ordered that the foregoing, including the attachments thereto, constitutes the PRE TRIAL ORDER in the above case and supersedes the pleadings which may not be further amended except by order of the court to prevent manifest injustice.
This _______ day of __________, 19__.
Judge, Superior Court
______ Judicial Circuit
Rule 7.3 Interpreters
Any proposed pre-trial order submitted by any party shall designate any witnesses whose testimony will need the services of an interpreter and the language, including sign language for the deaf, for which the interpreter is required . If known, the name, address, and telephone number of the interpreter or interpreting service intended to be used shall be listed. If this information is not known at the time the pre-trial order is signed, it shall be promptly provided to court and opposing counsel once known. Where notice is not provided, the Court may, among other sanctions, refuse the use of any non-certified interpreter and then exclude the use of the witness’ testimony if the witness cannot readily communicate in English.
Rule 7.4. Criminal matters.
At or after the arraignment, pre trial conferences may be scheduled as the judge as he deems appropriate. Such pre trial conferences shall be attended by the attorneys who will actually try the case. At the pre trial conference:
(A) All motions, special pleas and demurrers not previously determined shall be presented to and heard by the judge. Any and all pending motions not called to the judges attention at the pre trial conference shall be deemed to have been abandoned and waived; however, at the judges discretion and for good cause, such matters may subsequently be heard. At the discretion of the judge, the disposition of any matter brought before the court may be postponed.
(B) To the extent possible without revealing confidential trial strategies, the attorneys shall inform the judge of probable evidentiary problems known to them or any other matter which might delay the trial so the judge may take any necessary action before the trial to avoid a delay.
(C) If possible, the judge shall set a firm trial date.
(D) Counsel are encouraged to enter into reasonable stipulations.