A. STATEMENT OF INTENT:
This Rule implements Civ. R. 16. It designs the basic patterns and instructions for pretrial
development of civil actions. Initiative, ingenuity, and industry on the part of attorneys in
these actions will implement this Rule and will determine the quality of pretrial
proceedings. In the effective administration of this Rule, appropriate sanctions will be
employed as may be necessary.
B. PRETRIAL CONFERENCE:
Attorneys shall consult with their clients in advance of the conference and be
prepared to confer practically and earnestly on settlement, discovery, and all
other matters as may aid in the disposition of the action.
1. At the initial scheduling/pretrial conference, the Court shall
consider and take appropriate action on all matters provided under Civ. R. 16.
2. Following the initial scheduling/pretrial conference and after consideration of
any Civ.R. 26(F) Report filed by the parties, the Court shall issue a Final Pretrial
Order establishing the following dates, as applicable:
a. A date for the parties to make initial disclosures pursuant to Civ. R. 26;
b. A date for the parties to reveal to each other the identities of lay witnesses;
c. A cut-off date for motions to amend the pleadings;
d. A date for the parties to reveal to each other the identities of expert witnesses;
e. A date for the filing of any memoranda on disputed issues of law
or fact and a discovery cut-off date;
f. A date for the filing of all other motions deemed necessary, including
motions for summary judgment;
g. A date for motions to add necessary parties;
h. A date for the parties to exchange expert reports;
i. A date for trial material exchange and objections to trial materials;
j. A date for completing Civ.R. 35 exams and for when the examiner’s
report shall be submitted to counsel;
k. A date for completing perpetuation depositions;
l. A date for filing a joint or individually prepared pretrial statements;
m. A date for a final pretrial conference; and
n. A trial date.
C. WRITTEN MATERIALS TO BE READ INTO EVIDENCE:
If written materials are to be read into evidence, copies of such materials shall be provided
by the proponent to the Court and other counsel at least seven days prior to trial.
D. PRETRIAL STATEMENT:
In all cases, all parties shall prepare and file a joint final pretrial statement. The joint final
pretrial statement shall be filed at least two business days prior to the date and time of the
scheduled final pretrial conference held prior to trial.
The final pretrial statement shall include all of the following:
1. Identification of the chief trial counsel, who shall be fully authorized to act and
negotiate on behalf of the party;
2. Those facts established by admissions in the pleadings, admissions by discovery, and
stipulations of counsel;
3. The contested issues of fact;
4. The contested issues of law, together with citations of authority for the party’s position;
5. Any stipulations of the parties, as well as proposed stipulations;
6. The names and addresses of any witnesses who may be called at trial, together with a
brief summary of each witness’ expected testimony;
7. The names, addresses and qualifications of any expert witnesses who may be called at
trial, together with a brief summary of each expert witness’ expected testimony;
8. A list of exhibits counsel may offer into evidence. Exhibits must be marked, prior to
trial, as follows:
a. Joint exhibits with Roman numerals;
b. Plaintiff’s exhibits with Arabic numerals;
c. Defendant’s exhibits with letters;
d. Third-party exhibits identified as such.
9. All Motions in Limine;
10. A complete list of all pending motions upon which the court has not yet issued a
decision;
11. A copy of any deposition that may be used at trial, for any purpose, shall be provided to
the court electronically and in video form, if applicable, and separate from the Final PreTrial
Statement;
12. A list of all special damages requested, if any;
13. The amount of trial time each party expects will be necessary to present that party’s
case;
14. Proposed jury instructions (also please provide the court with an electronic copy of
proposed jury instructions);
15. Status of settlement negotiations.
Parties and counsel are required to attend the final pre-trial conference. The parties and
counsel are notified that failure to appear at the final pre-trial conference may result in a
sua sponte dismissal by the court of the action, monetary sanctions, or default judgment.
THE PARTIES AND COUNSEL SHALL TAKE NOTICE that failure appear at the final pre-trial, or
failure to comply with this rule in any respect, particularly regarding providing the names
and addresses of all potential witnesses, including expert witnesses, and identifying any
potential exhibits, may result in appropriate sanctions, including, but not limited to, the
exclusion of the witness or exhibit that was not identified, costs, and other sanctions.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
Reibold Building
14 W 4th St
Dayton, OH 45402
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