Order dated June 26, 2012, re: Rule 62.01 Case Management Conference

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Supreme Court of Missouri
en banc

June 26, 2012
Effective January 1, 2013
In re:
 
Repeal of subdivision 62.01, entitled "Pre-trial Procedure; Formulating Issues," of Rule 62, entitled "Pre-trial Conferences," and in lieu thereof adoption of new subdivision 62.01, entitled "Case Management Conferences."
 
 
ORDER
 
 
1.  It is ordered that effective January 1, 2013, subdivision 62.01 of Rule 62 be and the same is hereby repealed and new subdivision 62.01 adopted in lieu thereof to read as follows:

62.01  CASE MANAGEMENT CONFERENCES

Upon its own motion or the motion of any party, the court may direct the parties to appear before it for a case management conference to consider:

(1) The simplification of the issues;

(2) The necessity or desirability of amendments to the pleadings and the time within which to do so;

(3) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof;

(4) The limitation of the number of expert witnesses;

(5) 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;

(6) The sequence and timing of any discovery;

(7) The time for disclosure of experts;

(8) When documents prepared, reviewed, or received by a retained expert must be disclosed;

9) Whether and to what extent any retained expert must disclose his or her publications;

(10) Whether and to what extent any retained expert must disclose prior deposition or trial testimony or expert reports prepared under either Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure or an equivalent state rule;

(11) Such other matters as may aid in the disposition of the action.

The court shall make an order that recites the action taken at the case management conference.  The order, when entered, controls the subsequent course of the action, unless modified to prevent manifest injustice.  The court may establish by rule a pre-trial calendar on which civil actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to non-jury actions or extend it to all civil actions.

2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
3.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

______________________________
RICHARD B. TEITELMAN
Chief Justice
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