Rule 11 and 16 Flashcards
when is the court allowed to modify the order issued under 16(e)?
after a final pretrial conference ONLY to prevent manifest justice.
Rule 11
signing pleadings, motions, and other papers; representation to the court and sanctions
under 16(f)(2) instead of or in addition to any other action, what must the court order the party, its attorneys or both to do?
pay reasonable expenses including attorney’s fees incurred because of any noncompliance with this rule unless the noncompliance was substantially justified or other circumstance make an award of expense unjust.
when must a judge issue a scheduling order under 16(b)(2)?
as soon as practical but unless the judge has good reason for delay, must issue within the earlier of 90 days after any defendant has been served with the complaint OR 60 days after any defendants has appeared.
under rule 16 when must a judge NOT issue a scheduling order?
in categories of actions exempted by local rule
after any conferences under 16(d) what must the court do?
issue an order reciting the action taken
under 16(b)(1) when must the district judge when authorized by a rule issue a scheduling order?
1) after receiving the parties’ report under rule 26(f)
2) after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference
how must a motion be served in a sanction?
under rule 5
under 16(b)(4) what are the requirements for a scheduling order to be modified?
only for good cause and with judge’s consent.
what are the required contents of a scheduling order under 16(b)(3)?
must include:
1) limit the time to join other parties
2) amend the pleadings
3) complete discovery
4) file motions
how must a motion for sanction be made?
separately from any other motion and must describe the specific conduct that allegedly violates 11(b)
16(f)
sanctions
who must attend a final pretrial conference?
at least one attorney who will conduct the trial for each party and by any unrepresented party.
rule 11(c)
sanctions
what are the permitted contents of a scheduling order under 16(b)(3)?
may include:
1) modify the timing of disclosures under rules 26(a) and 26(e)(1)
2) modify extent of discovery
3) provide for disclosure, discovery or preservation of electronically stored info
4) include any agreements the parties reach for asserting claims of privilege of protection as trial-prep material after information is produced
5) direct before moving for discovery, movant must request a conference with the court
6) set dates for pretrial conferences and trial
7) include other appropriate matters
