Rule 16. PRETRIAL PROCEDURE

(a) Pretrial Conference. In formal probate and civil proceedings, the court may, in its discretion, order the parties to appear before it for a pretrial conference to consider the following matters: (1) The court’s action in disposing of all motions pending at the time of pretrial conference. (2) The court’s action in respect to the filing by counsel of further motions and the date by which such filings shall be accomplished. (3) Any instruction of the court to counsel in respect to further amendment of the pleadings in the case and the date by which such further amendment of the pleadings shall be completed. (4) A detailed and concise specification of the issues to be tried and a listing of the legal theories of each of the parties on each such issue. (5) The action of the court and counsel concerning admissions or stipulations of fact and agreements to authenticity or admissibility of exhibits at trial. In the alternative, the court may order counsel to file with the court by a date specified in the Pretrial Order stipulations of fact and to the authenticity or admissibility of exhibits to be offered at trial. (6) A listing of all expert witnesses to be called at trial by the parties and any limitations imposed by the court on the number of expert witnesses to testify at trial. (7) The action of the court on further discovery to be permitted and the date by which such discovery is to be completed. (8) Any requirements imposed by the court in respect to filing in advance of trial of legal memoranda, trial briefs or briefs on specific questions and the date by which such filings shall be accomplished. (9) A date established by the court by which all counsel shall have met, exchanged and premarked for identification all exhibits to be offered at trial. (10) A date, established by the court, by which the parties and counsel shall be ready for trial of the case. (11) Any action of the court with respect to the order of proof or witnesses at trial. (12) A list of all witnesses to be called by the parties at trial of the case. The court shall specify a date by which notice shall be given to the court and opposing counsel of any addition to this list of witnesses by any party. (13) Any action by the court requiring any party or counsel to provide further evidence or information in respect to the case to opposing counsel and the date by which that is to be accomplished. (14) A finding as to whether each counsel has explored settlement negotiations toward a fair disposition of the case by settlement. (15) Other action by the court to aid in the disposition of the matter by settlement or trial. The court may direct counsel to prepare and submit to the court a proposed pretrial order and shall, where appropriate, give counsel detailed instructions as to the contents of the proposed pretrial order, with which counsel shall speedily comply. Otherwise, upon completion of the conference, the court shall make an order which may recite the above specified matters. (b) Effect of Pretrial Order. Such order when entered controls the subsequent course of the proceeding, unless modified at the trial to prevent manifest injustice. (c) Sanctions. If a party fails to comply with any order issued under this rule, the court may impose upon the party or his attorney or both such penalties and sanctions as the circumstances warrant, which may include the dismissal of the action or any part thereof with or without prejudice, the default of a party, the exclusion of evidence at the trial, and the imposition of costs including attorney’s fees and travel. The court may expressly order, where appropriate in its discretion, that the costs of such sanctions be borne by counsel and that they shall not be passed on to counsel’s client. IV. PARTIES