Standing Order 1-88 (S.O.88) addresses the contents of a
pretrial memo for the pretrial conference, which generally happens
from six to nine months before trial. But S.O. 88 does not provide
any guidelines for final trial conferences, and does not make them
mandatory. S.O. 88 provides only that five business days before
trial, the parties submit a joint trial list to be presented to the
trial judge at the commencement of trial. And three days before
trial, the parties file a transcript of deposition testimony to be
introduced at trial with the objections highlighted. There is
literally a black hole in the rules as to when motions in limine,
jury instructions, pre-charge, form of voir dire and other
important matters are to be filed. Consequently, these matters are
often presented to opposing counsel and to the court for the first
time on the morning of trial, or at a final trial conference (in
those sessions that schedule them) a few days before trial.
At the MBA's View From the Bench Series: Motions in Limine and
Final Trial Conferences, sponsored by the Judicial Administration
Section Council, five Superior Court judges gave their views on how
and when to present trial issues to the court. Approximately 60
trial lawyers from the defense and plaintiff's bar, including small
firm and large firm practitioners, attended this question and
answer session. The consensus was that there should be a "default
rule" in S.O. 88, requiring parties to submit and brief pretrial
motions, oppositions, and requests for jury instructions in advance
of a Final Trial Conference, and that these should be argued at the
Final Trial Conference. This would make the trial go more smoothly,
and would avoid keeping the jury waiting while these issues are
being argued on the morning of trial.
Thomas M. Bond is the vice chair of Judicial
Administration Section Council.
Standing Order 1-88 (S.O.88) addresses the contents of a pretrial
memo for the pretrial conference, which generally happens from six
to nine months before trial. But S.O. 88 does not provide any
guidelines for final trial conferences, and does not make them
mandatory. S.O. 88 provides only that five business days before
trial, the parties submit a joint trial list to be presented to the
trial judge at the commencement of trial. And three days before
trial, the parties file a transcript of deposition testimony to be
introduced at trial with the objections highlighted. There is
literally a black hole in the rules as to when motions in limine,
jury instructions, pre-charge, form of voir dire and other
important matters are to be filed. Consequently, these matters are
often presented to opposing counsel and to the court for the first
time on the morning of trial, or at a final trial conference (in
those sessions that schedule them) a few days before trial.
At the MBA's View From the Bench Series: Motions in Limine and
Final Trial Conferences, sponsored by the Judicial Administration
Section Council, five Superior Court judges gave their views on how
and when to present trial issues to the court. Approximately 60
trial lawyers from the defense and plaintiff's bar, including small
firm and large firm practitioners, attended this question and
answer session. The consensus was that there should be a "default
rule" in S.O. 88, requiring parties to submit and brief pretrial
motions, oppositions, and requests for jury instructions in advance
of a Final Trial Conference, and that these should be argued at the
Final Trial Conference. This would make the trial go more smoothly,
and would avoid keeping the jury waiting while these issues are
being argued on the morning of trial. ■
Thomas M. Bond is the vice chair of Judicial Administration Section
CouncilStanding Order 1-88
(S.O.88) addresses the contents of a pretrial memo for the pretrial
conference, which generally happens from six to nine months before
trial. But S.O. 88 does not provide any guidelines for final trial
conferences, and does not make them mandatory. S.O. 88 provides
only that five business days before trial, the parties submit a
joint trial list to be presented to the trial judge at the
commencement of trial. And three days before trial, the parties
file a transcript of deposition testimony to be introduced at trial
with the objections highlighted. There is literally a black hole in
the rules as to when motions in limine, jury instructions,
pre-charge, form of voir dire and other important matters are to be
filed. Consequently, these matters are often presented to opposing
counsel and to the court for the first time on the morning of
trial, or at a final trial conference (in those sessions that
schedule them) a few days before trial.