Rule 7.1.Civil
Rule 7. PRETRIAL CONFERENCES · Not amended since adoption on record · Last verified July 17, 2026
Full Text of Rule 7.1
Plain-English Summary
Rule 7.1 gives the assigned judge control over whether a case gets a pretrial conference before it goes to trial. The judge can call one without anyone asking, or a party can request one, and the decision turns on how complicated the case is and how much preparation time it needs. Not every case gets this treatment — the rule assumes the judge will use judgment about which cases benefit from a sit-down before trial.
When a conference is ordered, the court publishes a calendar or issues a written order telling the parties when and where to appear. The judge looks at the issues raised under the Civil Practice Act’s own pretrial conference provision, among other things. The lawyer who shows up has to be the one who will try the case at trial, not a substitute — though the court can allow another attorney of record to stand in if that attorney has authority to define the issues and enter stipulations on the client’s behalf.
Counsel must bring a written proposed pretrial order to the conference, or earlier if the court orders it in writing. Skipping the conference without a legal excuse, or showing up without a proposed order, gives the court real leverage: it can pull the case off the trial calendar, draft its own pretrial order instead of the parties’, or impose another sanction. The one sanction the rule takes off the table is dismissing the action with prejudice — noncompliance can cost a party time and control over the case, but it cannot end the case outright.
Frequently Asked Questions
Does every civil case get a pretrial conference?
No. The judge may set a pretrial conference on the court’s own motion or upon a party’s motion, weighing the nature and complexity of the action and the time it needs, but a conference is not automatic in every case.
Who must attend the pretrial conference?
The attorneys who will try the action at trial. With the court’s consent, another attorney of record may attend instead, if that attorney is authorized to define the issues and enter stipulations.
What happens if counsel does not show up or bring a proposed order?
Either failure lets the court remove the action from any trial calendar, enter its own pretrial order, or impose another appropriate sanction. The legal-excuse defense applies only to a failure to appear at the conference — it does not excuse a failure to present a proposed pretrial order.
What must counsel bring to the conference?
A written proposed pretrial order in substantially the form required by the rules, presented at the conference or earlier if the court orders it in writing.
Can a case be dismissed with prejudice for missing the conference?
No. The rule specifically excludes dismissal with prejudice from the sanctions available for failing to appear or failing to present a proposed order.