Section 14-13.—Pretrial Procedure

Section 14-13 governs how a pretrial session runs. The chief court administrator, or the presiding judge with the chief court administrator’s consent, designates judges or judge trial referees to hold pretrial sessions. Parties and their attorneys must attend. If a party facing a claim is insured, an insurance adjuster must be available by telephone during the session, unless the judge requires the adjuster’s in-person attendance. If anyone required to attend or be available fails to do so, the judicial authority may issue whatever order the ends of justice require, including a nonsuit or default against the noncompliant party and an award of reasonable attorney’s fees to the complying party. Each party seeking damages or other relief must get a pretrial memo form from the clerk, complete it before the session, and distribute copies to the judge and other parties at the session’s start; the memo stays out of the court file unless the judge orders otherwise.

The rule then lists what the pretrial session must address: the possibility of settlement, simplifying the issues, amendments to pleadings, admissions of fact and stipulations (including on evidence like photographs, maps, drawings, and documents), limiting the number of expert witnesses, inspection of hospital records and X-ray films, exchange of medical reports and bills obtained since earlier disclosure motions, scheduling a trial management conference and issuing a trial management order, considering alternative dispute resolution, and any other procedures that might help resolve the case, including later exchanges of medical reports.