Group VII: Trials · Last amended October 1, 2013 · Last verified July 14, 2026
In one sentenceRule 35 requires a Trial Management Conference before jury trials, with detailed pretrial statements covering claims, defenses, exhibits, and witnesses, and gives the court discretion to hold a similar conference in bench trials.
(a)In every case scheduled for jury trial, the court shall schedule a Trial Management Conference which shall take place within 14 days before jury selection, or at such other time as the court shall order. At the Conference, parties will be present or available by telephone, prepared to discuss conduct of the trial and settlement.
(b)14 days prior to the Trial Management Conference, unless another time is directed by the court or agreed to by the parties, all parties shall file with the court and serve on the other parties Pretrial Statements, which shall include, by numbered paragraphs, a detailed, comprehensive, and good faith statement, setting forth the following: 1. A summary of the case that can be read by the court to the jury at the beginning of trial; 2. Disputed issues of fact; 3. Applicable law; 4. Disputed issues of law; 5. Specific claims of liability by the party making the claim; 6. Defendant's specific defenses; 7. Itemized special damages; 8. Specification of injuries with a statement as to which, if any, are claimed to be permanent; 9. The status of settlement negotiations; 10. A list of all exhibits to be offered in the direct case of each party. The parties, or their counsel, shall bring exhibits, or exact copies of them, to court on the day of the Trial Management Conference for examination by opposing parties or their representatives; 11. A list of all depositions to be read into evidence; 12. A waiver of claims or defenses, if any; 13. A list of the names and addresses of all witnesses who may be called; 14. Whether there will be a request for a view and, if so, who shall pay the cost in the first instance; 15. The names and addresses of the trial attorneys or non-attorney representatives.
(c)Except for good cause shown, only witnesses listed in the Pretrial Statement will be allowed to testify and only exhibits, so listed, will be received in evidence.
(d)Preliminary requests for instructions about unusual or complex questions of law shall be submitted in writing at the Trial Management Conference. Supplementary requests may be proposed at any time prior to the time the court completes its instructions to the jury.
(II)Bench Trials The court may direct the parties to attend a Trial Management Conference in non-jury cases. Written pretrial statements are not required in non-jury cases unless ordered by the court. Requests for findings of fact and rulings of law shall be submitted in writing in accordance with a schedule to be determined by the court.
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
For every case headed to a jury, Rule 35 requires a Trial Management Conference within 14 days before jury selection, where the parties or their counsel appear (in person or by phone) ready to discuss how the trial will run and whether the case might settle. Fourteen days before that conference, each side must file and serve a Pretrial Statement — a detailed, good-faith rundown covering a jury-ready case summary, disputed facts and law, specific claims and defenses, itemized special damages, permanent-injury claims, settlement status, exhibit and deposition lists, waived claims, witness names and addresses, and any request for a jury view.
These filings have teeth. Except for good cause, only witnesses named in the Pretrial Statement can testify, and only listed exhibits come into evidence. Requests for jury instructions on unusual or complex legal questions must go in writing at the conference itself, though supplemental requests can follow anytime before the judge finishes instructing the jury. In non-jury cases, the court has discretion whether to hold a Trial Management Conference at all, written pretrial statements are not required unless the court orders them, and any requests for findings of fact and rulings of law follow whatever schedule the court sets.
Frequently Asked Questions
When must the Trial Management Conference happen for a jury trial?
Within 14 days before jury selection, or at another time the court orders, with the parties present or available by telephone to discuss the conduct of trial and settlement.
What must a Pretrial Statement include?
Filed 14 days before the conference, it must set out a jury-ready case summary, disputed facts and law, each side's claims and defenses, itemized special damages, permanent-injury claims, settlement status, exhibit and deposition lists, any waived claims or defenses, witness names and addresses, any request for a jury view, and the names of trial counsel or representatives.
Can a party call a witness or use an exhibit that was left off the Pretrial Statement?
Not without good cause. Rule 35(I)(c) limits trial testimony to listed witnesses and admitted evidence to listed exhibits, absent a showing of good cause.
When must requests for unusual jury instructions be submitted?
Preliminary requests covering unusual or complex questions of law must be submitted in writing at the Trial Management Conference; supplementary requests may follow any time before the court finishes instructing the jury.
Is a Trial Management Conference required in a bench trial?
No. The court may direct the parties to attend one in non-jury cases, but written pretrial statements are not required unless the court orders them, and requests for findings of fact and rulings of law follow a schedule the court sets.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:trial management conferencepretrial statement New Hampshirejury trial conferencetrial readiness conference