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Idaho Rules of Civil Procedure Rule 16(c). Subjects to be Discussed at Pre-Trial Conferences.

The participants at any conference under this rule may consider and take action with respect to: 

   

(1)  the formulation and simplification of the issues, including the elimination of frivolous claims or defenses; 

 

(2)  the necessity or desirability of amendments to the pleadings; 

   

(3)  the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence; 

   

(4)  the avoidance of unnecessary proof and of cumulative evidence; 

   

(5)  identification of witnesses and documents, the need and schedule for filing and exchanging pre-trial briefs, and the date or dates for further conferences and for trial; 

   

(6)  the advisability of referring matters to a magistrate or master; 

   

(7)  the possibility of settlement or the use of extrajudicial procedures including alternative dispute techniques to resolve the dispute; 

   

(8)  the form and substance of the pre-trial order; 

   

(9)  the disposition of pending motions; 

   

(10)  the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems; 

   

(11)  such other matters as may aid in the disposition of the action; 

   

(12)  mediation of child custody and visitation issues in domestic relations cases; and 

 

(13) any parties and/or witnesses needing an interpreter as provided by Idaho Court Administrative Rule 52.

   

At least one of the attorneys for each party participating in any conference before trial shall have authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed. 

  

(Adopted March 28, 1986, effective July 1, 1986; amended June 26, 1991, effective September 1, 1991; amended April 19, 1995, effective July 1, 1995; amended March 17, 2006, effective July 1, 2006.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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