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Scheduling Conference Checklist

This is a checklist of issues for an attorney to consider because they may be raised at a Pretrial Conference under Rule 16 of the Federal Rules of Civil Procedure.

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Terry Marston
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146 views

Scheduling Conference Checklist

This is a checklist of issues for an attorney to consider because they may be raised at a Pretrial Conference under Rule 16 of the Federal Rules of Civil Procedure.

Uploaded by

Terry Marston
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Pretrial Conference Checklist for FRCP 16 & 24

The pretrial order must limit the time to – Motions


 disposing of pending motions
 join other parties,
 determining the appropriateness of summary
 amend the pleadings,
adjudication under Rule 56
 complete discovery, and
 directing that before moving for an order
 file motions. relating to discovery, the movant must
At pretrial conference, the court may act on request a conference with the court
anything to facilitate “the just, speedy, and Trial Management
inexpensive disposition of the action” such as  referring matters to a magistrate judge or a
Calendaring master
 determining the timing of summary  ordering a separate trial under Rule 42(b) of
adjudication under Rule 56 a claim, counterclaim, crossclaim, third-
 setting dates for pretrial conferences party claim, or particular issue
 scheduling the filing and exchange of  avoiding unnecessary proof and cumulative
witness and exhibit lists for trial, evidence
 scheduling the filing and exchange of any  limiting the use of expert testimony
pretrial briefs  limiting the time allowed to present
 setting date for trial evidence
Narrowing Scope of Issues  ordering the presentation of evidence early
 formulating and simplifying the issues in the trial on a manageable issue that might,
on the evidence, be the basis for a judgment
 eliminating frivolous claims or defenses as a matter of law under Rule 50(a) or a
 amending the pleadings judgment on partial findings under Rule
 obtaining admissions and stipulations about 52(c)
facts and documents to avoid unnecessary Complex and Difficult Cases
proof, and ruling in advance on the  adopting special procedures for managing
admissibility of evidence potentially difficult or protracted actions
Discovery involving complex issues, multiple parties,
 modifying the timing of disclosures difficult legal questions, or unusual proof
under Rules 26(a) and 26(e)(1) problems
 modifying the extent of discovery ADR
 providing for disclosure, discovery, or  using special procedures to assist in
preservation of electronically stored resolving the dispute
information
 including agreements the parties may reach
for asserting claims of privilege or of
protection as trial-preparation material after
information is produced, including
agreements reached under FRE 502
 controlling and scheduling discovery,
including orders affecting disclosures and
discovery under Rule 26 and Rules 29
through 37

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