Understanding the Pre-Trial Conference in Oklahoma Family Law
What should you expect at a pre-trial conference in an Oklahoma family law case?
I’m Tulsa family law attorney James Wirth, and that’s the question we have today.
The Importance of Pre-Trial Conferences
If you are going through litigation—and family law is considered civil litigation under Oklahoma’s Civil Procedure Code—you may have one or more pre-trial conferences. Generally, a final pre-trial conference occurs shortly before trial. Depending on how backlogged the courts are, “shortly before” could mean a week, six months, or even longer. Regardless, a pre-trial conference is a very important part of the litigation process.
Now, what can you expect? It can vary from county to county, but I’ll talk specifically about Tulsa County, which has local rules governing the process and timeline. At the end of a pre-trial conference, there should be a final pre-trial conference order. This order is outlined in Oklahoma law—Title 12, Rule 5 of the Rules for District Courts—and provides the structure for trial.
Pre-Trial Conference Order
The purpose of a pre-trial conference order is to simplify the issues for trial. By that stage, you may have exchanged pleadings and completed discovery. The order consolidates that work, listing exhibits, stipulations (facts both parties agree on), and disputed facts and issues. Narrowing things down saves time at trial.
The order also lists all witnesses and exhibits. Each side can note objections, but if objections aren’t raised at this stage, they are typically waived. Exhibits should be marked and exchanged before or at the pre-trial conference.
Tulsa County Rules and Procedures
Tulsa County has a local rule—CV25—that requires the plaintiff to draft the order at least 15 days before the pre-trial conference and circulate it for signature. The defendant adds their information, and both parties exchange objections. The goal is to have a proposed order submitted five days before the conference. If the plaintiff fails to prepare it, the defendant must do so within 10 days. If one side is self-represented, the obligation shifts to the represented party.
Strategically, the pre-trial order is critical. It supersedes all prior pleadings and becomes the roadmap for trial. If you don’t include a witness or exhibit, you generally can’t add them later without leave of court. Discovery should already be complete, and you need to be ready to address admissibility issues for your evidence and challenge the other side’s evidence.
Finalizing the Pre-Trial Process
In practice, pre-trial conferences are usually informal. Often, the judge meets with the attorneys in chambers to finalize the order, resolve disputes, and determine whether settlement or mediation is possible. The judge’s goal is judicial economy: avoid unnecessary trial time by narrowing issues or even resolving the case altogether.
Once the order is entered, no further discovery or amendments are allowed unless the court grants an exception for good cause. The idea is that everyone leaves the conference knowing what witnesses and exhibits will be used and what issues will be decided, allowing for a clean and efficient trial.
Conclusion and Next Steps
So, in summary, expect the drafting and exchange of a pre-trial conference order, identification of witnesses and exhibits, stipulations of undisputed facts, and rulings on disputes or objections. Afterward, you’ll have a clear framework for trial.
Of course, details can vary from county to county, judge to judge, and case to case. For advice tailored to your specific situation, consult with a Tulsa divorce attorney.
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