Pretrial Conference & Order

Question 1

pretrial conference

Answer 1

the court MAY order the attorneys (and pro-se parties) to appear for a pre-trial conference to control the management/scheduling of the case
- attendance is MANDATORY

Question 2

scheduling order

Answer 2

the court will issue a scheduling order in most types of actions
- the scheduling order may be modified ONLY:
1. for good cause, AND
2. w/ the judge’s consent

Question 3

pretrial conference sanctions applicability

Answer 3

may be issued if party:
1. fails to appear,
2. is substantially unprepared,
3. does NOT participate in good faith, OR
4. fails to obey a scheduling/pretrial order

Question 4

pretrial conference sanctions include

Answer 4

• prohibiting a party from supporting/opposing certain claims or defenses,
• striking all/part of the pleading,
• dismissing all/part of the action, OR
• a default judgment

Question 5

modification of pretrial conference order

Answer 5

can ONLY be modified by the court to prevent manifest injustice