OTLA Trial Lawyer Spring 2021

5 Trial Lawyer • Spring 2021 the conference like you are preparing your opening statement. You should use the conference as a means to be sure you have all the elements available that you will need in place when the judge is gav- eled in on the first day of trial. In my experience, the case management confer- ence is by phone with the judge in cham- bers and no record is made. For a suc- cessful conference, it is crucial the attorneys for all parties confer and con- sult on key issues in advance. I suggest those key issues can be grouped by stages of the litigation and may include the following items: 1. Parties — Are there any additional parties that need to be joined? Any other actions to consolidate? Is insur- ance involved and how? 2. Pleadings — Are the pleadings final- ized or do they require additional amendments? Are there any Rule 21 Motions to be raised? 3. Discovery — What is the status of document discovery? Are protective orders needed? Any in-camera review required? How will other forms of discovery site visits/destructive test- ing/defense medical exams be han- dled? Who will be deposed? Any fact expert depositions? Will any deposi- tions be perpetuated? When and where will depositions occur? Will interpreters be needed and howmany? 4. Pre-trial —When should dispositive motions be heard, if any? Wi l l mediation occur before dispositive motions?Who will be the mediator(s)? Who will attend the mediation? Where will the mediation occur? Will a second mediation be set as a back- up? What pre-trial motions are anticipated and how long will they take for the court to review? Any OEC 104 Hearing issues? Will there be a jury questionnaire? 5. Trial —When should the trial be set? How long will the trial take? Is the court available for trial during the time requested? Are all counsel, clients and witnesses available for the date selected? Should a back-up date be set for trial? How will attorneys and cli- ents be seated for trial? How many jurors should be requested? How will peremptory challenges be assigned? How will objections to perpetuation depositions be handled? Will there be exhibit issues requiring set up time? Any interpreters needed and what languages? Are any accommodations needed for parties or witnesses? To emphasize, from a judicial resource efficiency standpoint, key matters should be discussed by counsel prior to the conference where agreements can be memorialized and disputes scheduled for hearing. These assigned cases are duties in addition to the judge’s regular docket matters, so it is critical counsel prepare for the conference in light of the fact the judge has made time available despite other court docket priorities. Timeline At the conference, I like to approach the timeline backward and set the trial date first. The trial date should be con- sidered a “date certain.” Be aware, trial dates must be coordinated with the master trial calendar for the circuit court to be sure there is capacity for jurors for voir dire . Depending on the anticipated length of the trial, I would suggest con- sidering setting a second date further out for trial because of possible unantici- pated issues causing delays and the difficulty in finding another large block of time available for the judge. Once a trial date is set, a hearing on pre-trial matters can be set a week or two prior, depending on the likely volume of issues to be decided as well as deadlines for pre-trial motions that allow sufficient time for the court review. Also, due dates and hearing dates for dispositive motions can be set in light of ORCP 47 deadlines and the hearing date can be coordinated See View from the Bench p 6