Rule 76.1.Scheduling Conference; Scheduling Statement; Notice of Issues; Pretrial Statement

Rule 76.1 is the pretrial rule, and its last section is the one that decides cases.

Three filings, three deadlines

Unless the court orders otherwise: a scheduling statement 20 days before a scheduling conference, a notice of issues 20 days before trial, and a pretrial statement 5 days before trial. The court may hold a scheduling conference on its own and must on a party's request; at least one attorney who will try the case for each party, and any self-represented party, must attend.

Joint statements, and the drafting timetable

Parties may file joint or separate statements. For a joint one the party who initiated the action takes the lead: the outline goes to the opposing party 15 calendar days before trial, the parties exchange their portions 8 business days or more before, and the merged statement is filed no less than 5 business days before, signed by each party or counsel. Where the parties are self-represented and there is a history of domestic violence, they must file separately.

What goes in each

The scheduling statement covers the nature of the action, names and addresses, each minor child's name and date of birth, anticipated trial length, stipulations, uncontested facts or law, contested issues, witness and exhibit lists, the status of discovery and disclosure with a proposed schedule for what remains, positions on settlement processes and mediation timing, and whether attorney fees will be sought.

The notice of issues (Form 18) is a complete list of the remaining contested issues a party intends to present. Issues not raised previously cannot be raised for the first time here. Each party files separately, issues are stated generally, and none is required before a temporary orders or other interim hearing.

The pretrial statement adds a position on each contested issue; the amount and duration of spousal maintenance sought; the parenting time schedule including holidays and vacations each party says is in the child's best interest; witness lists; deposition designations under Rule 59(c)(2); objections to witnesses with grounds; an exhibit list marking what is agreed admissible and stating specific grounds for objections to the rest; confirmation that discovery is complete and exhibits and expert reports exchanged; whether settlement was discussed in good faith and if not why; any fee request; and how a verbatim record will be made.

Attachments

Where support, maintenance or fees are at issue: a summary of income and expenses before a scheduling conference, or a full Affidavit of Financial Information before trial. Where child support is at issue, a completed Parent's Worksheet. In a dissolution, separation or annulment, a detailed Inventory of Property and Debts (Form 12) listing community and separate property and debts, equitable lien claims, title, encumbrances, each party's position on value, and each party's proposed distribution.

The waiver

Section (i) does three things, and each is a hard stop:

• A party may not present a witness or offer an exhibit other than those listed and exchanged in the statement, unless the court orders otherwise for good cause.
• A party waives the right to object at trial to a witness, exhibit or claim if the specific objection was not raised in the pretrial statement.
• A party may not present an issue not listed in either party's notice of issues, absent good cause.

Note that the objection waiver is symmetrical with the disclosure bar. A party who fails to list an exhibit loses the exhibit; a party who fails to object to the other side's exhibit loses the objection.