§ Rule 212.2 Civil Actions to be Tried by Jury Pre-Trial Statement Content Sanctions

Rule 212.2. Civil Actions to be Tried by Jury. Pre-Trial Statement. Content. Sanctions

    (a) A pre-trial statement shall contain

        (1) a brief narrative statement of the case;

        (2) a list of the types and amounts of all damages claimed;

        (3) a list of the names and addresses of all persons who may be called as witnesses by the party filing the statement, classifying them as liability or damage witnesses. A reference which does not
state the name of the witness shall be permitted when the witness is described by title or representative capacity;

    Note: A listing of “anyone named in discovery” is insufficient under this rule. A listing of a “records custodian” of a specific entity is a sufficient listing.

    This rule does not contemplate that the pre-trial statement include a list of witnesses for use in rebuttal or for impeachment. These matters are governed by case law.

       (4) a list of all exhibits which a party intends to use at trial;

    Note: This rule does not contemplate that the pre-trial statement include a list of exhibits for use in rebuttal or for impeachment. These matters are governed by case law.

        (5) a copy of the written report, or answer to written interrogatory consistent with Rule 4003.5, containing the opinion and the basis for the opinion of any person who may be called as an expert witness;

    Note: The notes or records of a physician may be supplied in lieu of written reports.

        (6) stipulations of the parties, if any; and

       (7) such additional information as the court by local rule or special order may require.

    (b) The exhibits listed in the pre-trial statement, or copies thereof, shall be made available by the party filing the statement.

    (c) Where the trial judge determines that unfair prejudice shall occur as the result of non-compliance with subdivisions (a) and (b), the trial judge shall grant appropriate relief which may include

        (1) the preclusion or limitation of the testimony of

            (i) any witness whose identity is not disclosed in the pre-trial statement, or

            (ii) any expert witness whose opinions have not been set forth in the report submitted with the pre-trial statement or otherwise specifically referred to in the pre-trial statement, consistent with Rule 4003.5, and

        (2) the preclusion of exhibits not listed in the pre-trial statement and made available.