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39 N.D. L. Rev. 176 (1963)
Pre-Trial Procedure

handle is hein.journals/nordak39 and id is 178 raw text is: PRE-TRIAL PROCEDURE W. C. LYNCH* The Pre-Trial Conference has become an established part of civil procedure in most of the district courts in the state of North Dakota. The advantages and practical value of the use of the pre-trial conference has become so well established that it perhaps is no longer necessary to defend its use. Nevertheless, the procedure followed varies from district to district within the state and we continue to find many lawyers, whether they be recent law-school graduates or those having years of experience, who either have never participated in a pre-trial conference or are in some doubt as to the procedure followed. Therefore, we will briefly consider in this article the following: (1) The objectives and results of the pre-trial conference. (2) The procedure followed in the pre-trial confer- ence, together with some suggested forms. (3) The role of the judge, lawyer and the parties. OBJECTIVES The first objective of a pre-trial conference is to de- termine the specific issues that are in dispute. The second objective is to prepare the trial judge and the counsel for the actual trial of the lawsuit. The third objective is to promote the interests of justice in seeing to it that the liti- gants receive a fair and expeditious trial in which a party prevails by neither surprise nor technicalities. If these three basic and fundamental objectives are kept in mind by the presiding judge and counsel, the pre-trial conference will be successful. PROCEDURE-FORMS Rule 16 of the North Dakota Rules of Civil Procedure sets forth the rules pertaining to pre-trial. Rule 16 provides * LL.B., University of North Dakota: North Dakota District Judge. Fourth Judicial District.

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