Discovery - Scope - Rule 16

Question 1

Discovery

Answer 1

The gathering of facts and evidence under the FRCPs to help flesh out generally pleaded claims and defenses, to test them by motions of summary judgment, to make informed judgements about settlement, and to try the lawsuit should such motions or settlement efforts fail.

Question 2

Rule 16(a)

Pretrial Conferences

Answer 2

The court may require parties to attend pre-trial conferences to manage the case

Question 3

Rule 16(b)(1)

Scheduling

Answer 3

The district judge must issue a scheduling order

• After receiving the parties’ report under 26(f) or
• After a scheduling conference

Question 4

Rule 16(b)(2)

Timing

Answer 4

The judge must issue a scheduling order as soon as practicable and no later than 90 days after the defendant has been served or 60 days after the defendant appeared

Question 5

Rule 16(b)(3)

Contents of the Order

Answer 5

The order must limit the time to join parties, amend pleadings, complete discovery, and file motions. It may limit aspects of discovery, include agreements between the parties, and set dates for pretrial conferences and trial.

Question 6

Rule 16(b)(4)

Modifying the Schedule

Answer 6

The schedule may be modified for good cause and with the judge’s consent

Question 7

Rule 16(c)(1)

Attendance

Answer 7

A represented party must send at least one attorney authorized to make decisions about anything that could reasonably come up in a pretrial conference.

Question 8

Rule 16(c)(2)

Matters for Consideration

Answer 8

At any pretrial conference, the court may consider and take appropriate action on the matters listed in the rule.

Question 9

Rule 16(d)

Pretrial Orders

Answer 9

After each pretrial conference, the court should issue an order about the actions taken at the meeting

Question 10

Rule 16(e)

Final Pretrial Conference and Order

Answer 10

The court may hold a final pretrial conference to form a plan for the trial. This must be as close to the trial date as possible and must be attended by at least one attorney who will be at the trial for each party. The court may modify the order resulting from this meeting to prevent injustice.

Question 11

Rule 16(f)(1)

Sanctions

Answer 11

The court may issue sanctions if a party or its attorney

• Fails to appear at a pretrial conference
• Is unprepared to participate or does not participate in good faith
• Fails to obey an order

Question 12

Rule 16(f)(2)

Imposing Fees and Costs

Answer 12

The court must order the party or its attorney or both to pay the reasonable expenses incurred by any noncompliance, unless the noncompliance was justified or other circumstances would make the sanction unjust.