APPENDIX XXIII
Pretrial Information Exchange (R. 4:25-7(b))
In cases that have not been pretried, attorneys shall confer and exchange the
following information seven days prior to the initial trial date, unless such exchange has
been waived by written consent of the parties pursuant to R. 4:25-7(d):
1. A list of all witnesses (including addresses) to be called in the party=s case in
chief.
2. A list of all exhibits to be offered in the party=s case in chief, including all
demonstrative exhibits prepared, prior to trial, by any witness, including an expert
witness. All such exhibits shall be premarked for identification and shall be
described briefly. Each party shall confer in advance of trial to determine if any
such exhibits can be admitted into evidence by agreement or without objection.
3. A list of any proposed deposition or interrogatory reading(s) by page and line
number or by question number.
4. Any in limine or trial motions intended to be made at the commencement of trial,
with supporting memoranda. Such motions shall not go on the regular motion
calendar.
Any objections to the proposed admission into evidence of any exhibit or to any
reading by any other party, and any response to an in limine or trial motion shall
be served on all parties not later than 2 days prior to trial.
5. A listing of all anticipated problems with regard to the introduction of evidence in
each party=s case in chief, especially, but without limitation, as to any hearsay
problems, and legal argument as to all such anticipated evidence problems.
At trial and prior to opening statements, each party shall submit the following to
the trial judge:
(a) copies of any Pretrial Information Exchange materials that have been
exchanged pursuant to this rule, and any objections made thereto; and
(b) stipulations reached on contested procedural, evidentiary and substantive
issues.
In addition, in jury trials each party shall submit the following materials to the
trial judge and, unless exchange of trial information has been waived in writing
pursuant to R. 4:25-7(d), also to all other parties:
(a) any special voir dire questions,
(b) a list of proposed jury instructions with specific reference to the Model
Civil Jury Charges, if applicable,
(c) any special jury instructions with applicable legal authority, and
(d) a proposed jury verdict form that includes all possible verdicts the jury
may return.
Note: Appendix XXIII adopted July 5, 2000 to be effective September 5, 2000;
introduction and paragraph 5 amended July 12, 2002 to be effective September 3, 2002;
paragraph 2 amended July 28, 2004 to be effective September 1, 2004.
