Rule 6 Pretrial Conference

(a) A pretrial conference shall be held on the date and at the time scheduled. Each party shall appear at the conference in person or by counsel; if by counsel, that counsel shall have full authority with respect to all matters on the agenda, including settlement of the action or proceeding.

(b) The agenda for the pretrial conference may in the discretion of the court include the following matters;

(i) The substance of the claims and defenses;

(ii) The material facts which are not reasonably disputable;

(iii) All disputed factual issues;

(iv) All disputed points of law;

(v) A list of witnesses likely to be called;

(vi) A list of documents to be offered as exhibits;

(vii) Previous cases on the same subject matter;

(viii) An estimate of the number of court days expected to be required for the presentation of each party’s case; and

(ix) Date of trial. If the complaint or petition is not accompanied by a certificate of irreconcilable dispute from the Secretary of Samoan Affairs, the clerk of court shall receive, but not file, the complaint or petition and shall assign a case number. A copy of the complaint or petition shall be transmitted forthwith by the clerk of court to the Secretary of Samoan Affairs for resolution as provided by statute. In the event the Secretary of Samoan Affairs is unable to resolve the controversy, he shall transmit forthwith a certificate of irreconcilable dispute in substantially the form mandated by statute to the clerk of court. The clerk shall then file the complaint or petition received previously.

(b) If the complaint or petition is accompanied by a certificate of irreconcilable dispute from the Secretary of Samoan Affairs then the clerk shall file it and assign a case number.

(c) The complaint or petition shall then be served upon the adverse parties by the method specified in the American Samoa Rules of Civil Procedure and proof of service shall be filed with the clerk of court.

(d) After the answer has been filed or, in the case of a petition for removal of a matai, after 20 days, the matter shall be set for pretrial conference.

(e) If, 20 days after the complaint has been served, there has been no answer, or, in the case of a petition for removal of a matai, no appearance is made by an adverse party at the pretrial conference, a default judgment may be entered upon motion and hearing.

(f) The judge who presides at the pretrial conference may make such pretrial order or orders at or following the pretrial conference as may be appropriate, and such order or orders shall control the subsequent course of the action or proceeding.