Brian Sunohara has written an article on amendments to the Rules of Civil Procedure, which will be in effect on March 31, 2022. The amendments include:
- Each party must serve and file a certificate of readiness regarding expert reports at least 30 days prior to the pre-trial conference.
- Parties can consent to extend the time to serve expert reports as long as it does not affect the trial date.
- If evidence is only admissible with leave due to a party’s failure to comply with the Rules, the party seeking leave must provide a reasonable explanation for the failure.
- The amendments will give the trial judge greater discretion to refuse to admit evidence in situations of non-compliance with the Rules. This includes late-served expert reports.
- Pre-trial conferences will take place 30 to 120 days (approximately one to four months) prior to the trial, unless a court order or applicable practice direction provides otherwise.
- If a pre-trial conference is unproductive due to a party’s conduct, costs may be ordered to be paid immediately.