Rule 35.Trial Management Conference
Group VII: Trials · Last amended October 1, 2013 · Last verified July 14, 2026
Full Text of Rule 35
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
For every case headed to a jury, Rule 35 requires a Trial Management Conference within 14 days before jury selection, where the parties or their counsel appear (in person or by phone) ready to discuss how the trial will run and whether the case might settle. Fourteen days before that conference, each side must file and serve a Pretrial Statement — a detailed, good-faith rundown covering a jury-ready case summary, disputed facts and law, specific claims and defenses, itemized special damages, permanent-injury claims, settlement status, exhibit and deposition lists, waived claims, witness names and addresses, and any request for a jury view.
These filings have teeth. Except for good cause, only witnesses named in the Pretrial Statement can testify, and only listed exhibits come into evidence. Requests for jury instructions on unusual or complex legal questions must go in writing at the conference itself, though supplemental requests can follow anytime before the judge finishes instructing the jury. In non-jury cases, the court has discretion whether to hold a Trial Management Conference at all, written pretrial statements are not required unless the court orders them, and any requests for findings of fact and rulings of law follow whatever schedule the court sets.
Frequently Asked Questions
When must the Trial Management Conference happen for a jury trial?
Within 14 days before jury selection, or at another time the court orders, with the parties present or available by telephone to discuss the conduct of trial and settlement.
What must a Pretrial Statement include?
Filed 14 days before the conference, it must set out a jury-ready case summary, disputed facts and law, each side's claims and defenses, itemized special damages, permanent-injury claims, settlement status, exhibit and deposition lists, any waived claims or defenses, witness names and addresses, any request for a jury view, and the names of trial counsel or representatives.
Can a party call a witness or use an exhibit that was left off the Pretrial Statement?
Not without good cause. Rule 35(I)(c) limits trial testimony to listed witnesses and admitted evidence to listed exhibits, absent a showing of good cause.
When must requests for unusual jury instructions be submitted?
Preliminary requests covering unusual or complex questions of law must be submitted in writing at the Trial Management Conference; supplementary requests may follow any time before the court finishes instructing the jury.
Is a Trial Management Conference required in a bench trial?
No. The court may direct the parties to attend one in non-jury cases, but written pretrial statements are not required unless the court orders them, and requests for findings of fact and rulings of law follow a schedule the court sets.