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Rule 12: Pretrial Statements; Exchange of Witness Lists

(A) Pretrial Statements.

     (1) All pretrial statements shall be on forms provided or approved by the Court and shall include an itemization of the party's income and expenses and a full description of the nature and value of the assets of the parties and the nature and amount of the liabilities of the parties.

     (2) Each party shall file a pretrial statement with the Clerk of Courts and serve a copy on the opposing party or his counsel no later than 7 days prior to the pretrial conference/case management conference, if one is held. If no pretrial conference is held, such statement shall be filed and served no later than 14 days prior to the trial date or 3 days after the receipt of notice of the trial date, whichever is later.

(B) Witness Lists.

     (1) Each party shall submit to the opposing party or his counsel a list with the names and addresses of all witnesses, including expert witnesses, expected to be called during trial. A copy of each list shall be filed with the Court. Such witness lists shall be exchanged no later than 14 days prior to the trial date or 3 days after the receipt of notice of the trial date, whichever is later. Any witness list shall be supplemented anytime prior to two business days before the trial date.

     (2) No party shall be permitted to call any witness, except rebuttal witnesses, whose name was not included on the witness list or any supplement thereto, unless good cause can be shown as to why the need for such witness was not known to the party until after the time for supplementing his witness list expired, or unless the identity of the witness was otherwise known to the opposing party. The Court may however, in its discretion allow either party to call any witness whose name is not included on a witness list, when doing so will serve the interests of justice. 

     (3) This rule shall apply to motion hearings as well as trials.

(Effective July 1, 1991.)

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