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Eagle-Picher Industries Inc. v. Balbos8/29/1990
ning the facts to be relied on in support of claims; the issues that will be raised; stipulated facts; damages claimed and relief sought; documents and records to be offered into evidence at trial; names and specialties of expert witnesses who will be called, see Rule 2-504; and, in the instant case, a time schedule for various pre-trial notifications and submissions.
The pre-trial order is especially important for the effective management of asbestos cases which have flooded the judicial system allowing little time for other civil cases. The scarcest resource in the litigation system is judicial trial time. McGovern, Resolving Mature Mass Tort Litigation, 69 B.U.L.Rev. 659, 663 (1989). As noted above, over 8,000 asbestos cases have been filed in Maryland to date. Additionally, up to 200 cases continue to be filed each month. Such numbers are alarming. The pre-trial order is the guiding light upon which each party is entitled and encouraged to rely. Its importance, especially in complex and mass tort cases, cannot be overstated.
Maryland Rule 2-504(c) states in pertinent part that " he [pretrial] order controls the subsequent course of action but may be modified by the court to prevent manifest injustice." This rule reposes in the trial judge a great deal of discretion. See Wong v. DiGrazia, 60 Cal.2d 525, 35 Cal.Rptr. 241, 253, 386 P.2d 817, 829 (1963).
In Nolan v. Dillon, 261 Md. 516, 526, 276 A.2d 36(1971), during the trial, counsel for the defendant "attempted to make an end run and to advance" claims that were beyond the issues formulated in the pre-trial order. The defendant claimed that the trial court had erred by limiting him to issues formulated in the pre-trial order and noted that the federal counterpart to the Maryland rule allowed modification of the pre-trial order to prevent manifest injustice. The Court of Appeals held that, under the circumstances of the case, there had been no abuse of discretion.
In the posture of the case before us, we need not reach the basic issue. Judge Levine gave all counsel an opportunity to modify the pre-trial order, and took the precaution of having them endorse the order which was filed. As we see it, from that moment, the order controlled the
course of the trial, subject to the court's discretionary power to permit modification as justice may require. Under the circumstances here, we find no abuse of discretion.
Id. at 526-27, 276 A.2d 36.
Discretion -- Its Use and Abuse
Trial judges owe a duty to the public to manage their dockets and trials efficiently to ensure timely access by the aggrieved to our courts. The goal of judicial management is to increase court efficiency and improve the quality of justice. In Calder v. Levi, 168 Md. 260, 177 A. 392(1935), the Court of Appeals recognized that
It is an essential function of the court to maintain order and assure propriety of the conduct of legal proceedings, by the enforcement of reasonable rules and regulatory orders. In no other way may the administration of justice proceed with dignity, calmness, and impartiality in its appointed course.
Id. at 274-75, 177 A. 392. The court went on to note that with the duty to manage judicial resources comes wide discretionary powers to ensure its accomplishment. "A large measure of discretion must necessarily reside in the court, and its exercise will not be reviewed unless it clearly appear that prejudice has resulted from the denial of a legal right." Id. at 275, 177 A. 392(trial judge abused discretionary powers in not allowing victim
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