§ Rule 16(c) Scheduling and Subject Matter at Comprehensive Pretrial Conferences in Medical Malpractice Cases
Rule 16(c). Scheduling and Subject Matter at Comprehensive Pretrial Conferences in Medical Malpractice Cases
In medical malpractice cases, within five days of receiving answers or motions from all defendants who have been served, plaintiff shall notify the court to whom the case has been assigned so that a comprehensive pretrial conference can be set. Within 60 days of receiving the notice, the court shall conduct a comprehensive pretrial conference. At that conference, the court and the parties shall:
(1) Determine the discovery to be undertaken and a schedule therefor. The schedule shall include the depositions to be taken, any medical examination which defendant desires to be made of plaintiff and what additional documents, electronically stored information, and other materials are to be exchanged. Only those depositions specifically authorized in the comprehensive pretrial conference shall be allowed except upon stipulation of the parties or upon motion and a showing of good cause. The court, upon request of any defendant, shall require an authorization to allow the parties to obtain copies of records previously produced under Rule 26.2(A)(2) of these Rules or records ordered to be produced by the court. If records are obtained pursuant to such authorization, the party obtaining the records shall furnish complete copies to all other parties at the sole expense of the party obtaining the records.
(2) Determine a schedule for the disclosure of standard of care and causation expert witnesses. Except upon good cause shown, such disclosure shall be simultaneous and within 30 to 90 days after the conference, depending upon the number and complexity of the issues. No motion for summary judgment based upon the lack of expert testimony will be filed prior to the expiration of the date set for the simultaneous disclosure of expert witnesses except upon a showing of good cause.
(3) Determine the order of and dates for the disclosure of all other expert and non-expert witnesses, provided that the date for disclosure of all witnesses, expert and non-expert, shall be at least 45 days before the close of discovery. Any witnesses not appropriately disclosed shall be precluded from testifying at trial unless there is a showing of extraordinary circumstances.
(4) Limit the number of experts as provided in Rule 26(b)(4)(D) of these Rules.
(5) Determine whether additional non-uniform interrogatories and/or requests for admission or production are necessary and, if so, limit the number.
(6) Resolve any discovery disputes which have been presented to the court by way of motion within 10 days before the conference. The moving party shall set forth the question or answer to which objection is made and the basis for the objection. The responding party may file a response within 3 days of the conference. No replies shall be filed unless ordered by the court. The court shall assess an appropriate sanction, including any order under Rule 37(b)(2) of these Rules, against any party or attorney who has engaged in unreasonable, groundless, abusive or obstructionist discovery.
(7) Discuss alternative dispute resolution, including mediation, and binding and non-binding arbitration.
(8) Assure compliance with A.R.S. § 12-570.
(9) Set a date for a mandatory settlement conference.
(10) Set a date for filing the joint pretrial statement required by subpart (d) of this Rule.
(11) Set a trial date.
(12) Make such other orders as the court deems appropriate.
(13) Determine how verbatim record of future proceedings in the case will be made.