Pre-trial Conference

Question 1

What is permitted but not required?

Answer 1

1. Pre-trial conference per Rule 16(a).

2. Final pre-trial conference per Rule (16(e)

Question 2

What is the purpose of the pre-trial conference?

Answer 2

1. Expedite disposition
2. Establish early and continuing control
3. Discourage waste
4. Improve quality of trial
5. Facilitate settlement

Question 3

What is required by Rule 16?

Answer 3

Pre-trial scheduling order 16(b)(1)

Question 4

When happens before scheduling order required?

Answer 4

16(b)(1)
(A) After receiving the parties’ 26(f) report; or
(B) after consulting with attys or pro se’s at a scheduling conference.

Question 5

When must a scheduling order be issued?

Answer 5

16(b)(2) The earlier of
1. 90 days after any defendant served; or
2. 60 days after any defendant appeared; but in any case -
As soon as practicable

Question 6

What must a scheduling order contain?

Answer 6

16(b)(3)(A): Limit time to:

• Join parties;
• Amend pleadings;
• Complete discovery; and
• File motions

Question 7

What are permitted but not required contents of a scheduling order?

Answer 7

1. Modify timing of disclosures under Rule 26(a) and (e)
2. Modify extent of discovery
3. Provide for disclosure or discovery of ESI
4. Include any agreements parties reach for asserting claims of privilege or work product after information is produced
5. Direct that before moving for an order relating to discovery, movant must request a conference with the court
6. Set dates for pretrial conference and trial
7. Include other appropriate matters.

Question 8

Can a scheduling order be modified?

Answer 8

16(b)(4): Yes but only for good cause with the judge’s consent.

Question 9

When is a party sanctioned for violating a scheduling order?

Answer 9

16(f)(1)
(A) Failing to appear at a scheduling or other pre-trial conference
(B) Being unprepared for a pre-trial conference; or
(C) Failure to obey a scheduling order or a pre-trial order. See Tower Ventures, Inc. v. City of Westfield.

Question 10

What sanctions are available for violating scheduling order?

Answer 10

16(f)(1): Any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii).

Question 11

Rule from Tower Ventures

Answer 11

A court may dismiss an action completely for repeated schedule violations.