61-3201. Pretrial hearing.
61-3201
61-3201. Pretrial hearing.(a) Ifthe defendant appears on the date specified in thesummons and disputes thepetition, or on or before such date files an answer, the court may set the casefor a pretrial hearing. Such hearing shall be held at least 10 days after thedate of the defendant's appearance. All parties shall be notified of the date,time andplace for the pretrialhearing.
(b) After a case has been set for pretrial, each of the parties shall submitto the other partybefore the date scheduled for the pretrial hearing, copies of all documentswhich support thepetition or answer and an identification of all witnesses who will testify attrial to support thesame.
(c) If the defendant fails to appear at the pretrial hearing, the court mayenter defaultjudgment against the defendant for the relief demanded in the petition withoutfurther notice.If the plaintiff fails to appear at the pretrial hearing, the court may dismissthe lawsuit upon such terms and conditions as the court deems proper.
(d) If both parties appear at the pretrial hearing, the court shall conduct aconference with theparties to clarify the issues for trial and explore the possibilities ofsettlement. If the defendantdoes not have a legal defense to the petition, the courtmay enterjudgment against the defendant for the relief demanded in the petition or forsuch other reliefthat the court believes is fair and just. If the plaintiff has not stated aclaim upon which reliefcan be granted, the court may dismiss the petition.
History: L. 2000, ch. 161, § 31; Jan. 1, 2001.