§ Rule 16(b) Scheduling and Subjects to Be Discussed at Comprehensive Pretrial Conference in Non-Medical Malpractice Cases
Rule 16(b). Scheduling and Subjects to Be Discussed at Comprehensive Pretrial Conference in Non-Medical Malpractice Cases
Except in medical malpractice cases, upon written request of any party the court shall, or upon its own motion the court may, schedule a comprehensive pretrial conference. At any comprehensive pretrial conference under this rule, except for conferences conducted in medical malpractice cases, the court may:
(1) Determine the additional disclosures, discovery and related activities to be undertaken and a schedule therefor.
(A) The schedule shall include depositions to be taken and the time for taking same; production of documents or electronically stored information; non-uniform interrogatories; admissions; inspections or physical or mental examinations; and any other discovery pursuant to these rules.
(B) Among other orders the court may enter under this rule, the court may enter orders addressing one or more of the following:
(i) setting forth any requirements or limitations for the disclosure or discovery of electronically stored information, including the form or forms in which the electronically stored information should be produced;
(ii) setting forth any measures the parties must take to preserve discoverable documents or electronically stored information; and
(iii) adopting any agreements the parties reach for asserting claims of privilege or of protection as to trial preparation materials after production.
(2) Determine a schedule for the disclosure of expert witnesses. Such disclosure shall be within 90 days after the conference except upon good cause shown.
(3) Determine the number of expert witnesses or designate expert witnesses as set forth in Rule 26(b)(4).
(4) Determine a date for the disclosure of non-expert witnesses and the order of their disclosure; provided, however, that the date for disclosure of all witnesses, expert and non-expert, shall be at least 45 days before the completion of discovery. Any witnesses not so disclosed shall not be allowed to testify at trial unless there is a showing of good cause.
(5) Resolve any discovery disputes which have been presented to the court by way of motion not less than 10 days before the conference. The moving party shall set forth the requested discovery to which objection is made and the basis for the objection. The responding party may file a response not less than 3 days before the conference. No replies shall be filed unless ordered by the court. The court shall assess an appropriate sanction, including those permitted under Rule 16(f), against any party or attorney who has engaged in unreasonable, groundless, abusive or obstructionist discovery.
(6) Eliminate non-meritorious claims or defenses.
(7) Permit the amendment of the pleadings.
(8) Assist in identifying those issues of fact which are still at issue.
(9) Obtain stipulations as to the foundation or admissibility of evidence.
(10) Determine the desirability of special procedures for management of the case.
(11) Consider alternative dispute resolution.
(12) Determine whether any time limits or procedures set forth in the discovery rules or set forth in these Rules or Local Rules of Practice should be modified or suspended.
(13) Determine whether Rule 26.1 has been appropriately complied with by the parties.
(14) Determine a date for a settlement conference if such a conference is requested by a party or deemed advisable by the court.
(15) Determine a date for filing the joint pretrial statement required by subpart (d) of these Rules.
(16) Determine a trial date.
(17) Discuss the imposition of time limits on trial proceedings or portions thereof, the use of juror notebooks, the giving of brief pre-voir dire opening statements and preliminary jury instructions, and the effective management of documents and exhibits.
(18) Make such other orders as the court deems appropriate.
(19) Determine how verbatim record of future proceedings in the case will be made.