16. Conferences (Rule 16/26)

Question 1

What is a Rule 26(f) Conference?

Answer 1

1) Attended by parties

2) Confer on
- Claims + Defences
- Settlement offers
- Initial disclosures
- Discovery plan
- Evidence preservation

3) At least 21 days before Rule 16(b) Conference

Question 2

What must parties do after Rule 26(f) Conference?

Answer 2

If settlement possible => Reach settlement

If settlement NOT possible =>

1) Submit discovery plan to court
- Timing + Form of required disclosures
- Subjects for discovery
- Limits on discovery
2) Within 14 days after Rule 26(f) Conference

Question 3

What is a Rule 16(b) Conference?

Answer 3

1) Attended by court + parties

2) Court to set scheduling order
- Limit time for joinder/discovery/motions
- Set pre-trial conference date (if any) + trial date

3) As soon as practicable - Earlier of;
- Within 90 days after D is served
- Within 60 days after D appears in court

Question 4

Can scheduling orders be modified?

Answer 4

Rule 16(b) Conference

1) By leave of court
2) Good cause

Pre-Trial Conference
- In interests of justice

Question 5

What type of Pre-Trial Conferences are available?

Answer 5

Additional conference

• Discuss settlement
• Discuss expedition of trial

Final conference

• Formulate trial plan
• Formulate program for admitting evidence presentation/factual and legal issues/Ws => Final pre-trial conference order => Controls subsequent course of events (supersedes pleadings)

Question 6

Are Pre-Trial Conferences mandatory?

Answer 6

No

Question 7

When may court impose sanctions? Upon whom? What sanctions are available?

Answer 7

Parties + Lawyers

Failure

• Make disclosures
• Attend conferences
• Obey conference orders

Strike pleadings/Dismiss evidence/Contempt