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Rule 16 – Pre-trial Procedure

May 13, 2021 | Civil Procedure, Mississippi

In any action the court may on its own motion or on the motion of any party, and shall on the motion of all parties, direct the attorneys for the parties to appear before it at least twenty days before the case is set for trial for a conference to consider and determine:

(a) The possibility of settlement of the action;
(b) the simplification of the issues;
(c) the necessity or desirability of amendments to the pleadings;
(d) itemizations of expenses and special damages;
(e) the limitation of the number of expert witnesses;
(f) the exchange of reports of expert witnesses expected to be called by each party;
(g) the exchange of medical reports and hospital records, but only to the extent that such exchange does not abridge the physician-patient privilege;
(h) the advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;
(i) the imposition of sanctions as authorized by Rule 37;
(j) the possibility of obtaining admissions of fact and of documents and other exhibits which will avoid unnecessary proof;
(k) in jury cases, proposed instructions, and in non-jury cases, proposed findings of fact and conclusions of law, all of which may be subsequently amended or supplemented as justice may require;
(l) such other matters as may aid in the disposition of the action.

The court may enter an order reciting the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any other matters considered, and limiting issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered shall control the subsequent course of the action, unless modified at the trial to prevent manifest injustice.

Miss. R. Civ. P. 16

Amended effective March 1, 1989;April 13, 2000.

Advisory Committee Historical Note

Effective April 13, 2000, Rule 16 was amended to allow the conference to be held pursuant to the court’s motion. 753-754 So. 2d. XVII (West Miss.Cas.. 2000.)

Effective March 1, 1989, Rule 16 was amended to abrogate provisions for a pretrial calendar. 536-538 So.2d XXI (West Miss. Cas. 1989).

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