IN THE SUPREME COURT OF THE STATE OF OKLAHOMA

IN RE:             Rules for District Courts of Oklahoma            )

                        Rule 5.  Pretrial Proceedings                              )            S.C.B.D. No. 4553

ORDER

            Upon consideration of the Application of the Board of Governors of the Oklahoma Bar Association for approval of the revision to the Pre-Trial Conference Order form, the Scheduling Order form, and Rule 5 of the Rules for District Courts of Oklahoma, THE COURT FINDS:

            That the revision to Rule 5 of the Rules for District Courts of Oklahoma, the revision to the Pre-Trial Conference Order form, and the revision to the Scheduling Order form, are hereby approved.

            IT IS SO ORDERED.

            DONE IN CONFERENCE THIS _______ DAY OF ________________, 2000.

                                                                        _____________________________

                                                                        HARDY SUMMERS,           

                                                                        Chief Justice of the Supreme Court

ALL JUSTICES CONCUR

PROPOSED AMENDMENT TO

RULES FOR DISTRICT COURTS OF OKLAHOMA

RULE 5.  PRETRIAL PROCEEDINGS

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I.                   Pretrial Orders.  After any conference held pursuant to this rule, an order shall be entered reciting the action taken.  This order shall control subsequent course of the action unless modified by a subsequent order.  The order following a final pretrial conference shall be modified only to prevent manifest injustice.  The order shall substantially conform to the form adopted by the Oklahoma Supreme Court.  The District Court may modify the form if necessary to include additional claims between the parties or as otherwise necessary to fit the needs of the case.  The form adopted by the Oklahoma Supreme Court for pretrial conference orders shall be used by the District Court.  If the judge deviates from the form, he or she shall in writing show to the Supreme Court the reasons for such deviation.

The pretrial order shall include the results of the conference and advice to the court regarding the factual and legal issues, including details of material questions of law in the case.  All exhibits must be marked, listed and identified in the pretrial order.  If there is objection to the admission of any exhibits, the grounds for the objection must be specifically stated.  Absent proper objection, the listed exhibit is admitted when offered at trial or other proceeding.  Attorneys for all parties will approve the order.  The order shall be presented to the District Court for signature.  The contents of the pretrial order shall supersede the pleadings and govern the trial of the case unless departure therefrom is permitted by the Court to prevent manifest injustice.  Proposed pretrial order shall not be filed.

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Adopted by order of Jan. 22, 1987, eff. Jan. 1, 1987.