Local Rule RULE 7016-1: Pretrial Procedures.

RULE 7016-1. Pretrial Procedures.

(a) In Default Cases. If the defendant has failed to appear or respond within the time permitted for an appearance or response, the procedure outlined herein shall not be applicable, but the Court may direct the non-defaulting party to appear or to file a pleading to note a default, the entry of a default judgment, and for scheduling a date for trial on the issue of damages if required by law. If the non-defaulting party fails to take action to prosecute its claim after reasonable notice to appear or to take such action, the Court may dismiss the proceeding for failure to prosecute.

(b) Case Scheduling Conference, Pretrial Conference, and Order.

(1) Within 21 days after the defendant files an answer, the Court will issue an order scheduling a telephone conference with all attorneys representing parties and with any self-represented litigant to discuss the following time limits in the case scheduling order: to complete discovery; to join parties and to amend pleadings; to file pretrial motions; to conduct and complete alternative dispute resolution procedures; to file the pretrial order; to exchange exhibits and identify witnesses; to file pretrial memoranda; and to set the trial date.

(2) The Court will issue an order containing the above time limits upon completion of the telephone conference. If multiple defendants exist in an adversary proceeding, the Court, in its discretion, may issue an order scheduling a telephone conference to establish appropriate dates for the appearing defendants and to determine the status of service of process on any unserved defendants.

(3) The Court, in its discretion, may set such additional pretrial conferences for expediting the disposition of the case, establishing early and continuing control, discouraging wasteful pretrial activities, improving thorough preparation, and facilitating the settlement of the case. During the case scheduling conference, the parties shall discuss whether alternative dispute resolution may be beneficial in resolving any contested issues.

(4) Pursuant to Fed. R. Civ. P. 26(d), as incorporated in Fed. R. Bankr. P. 7026, this Court, through this Local Rule and by other appropriate orders, directs that discovery may be commenced without leave of Court after the complaint is filed. Furthermore, all parties are expected to informally satisfy the initial disclosure provisions contained in Fed. R. Civ. P. 26(a) without the need for any formal discovery requests.

(c) Initial Conference and Discovery Plan. During the case scheduling conference, the parties shall orally discuss the names and addresses of individuals likely to have discoverable information, the need for and the names and addresses of possible expert witnesses, the existence and availability of documents, and a computation of damages, if applicable. Any information discussed shall be supplemented immediately upon discovering more complete or accurate information. Parties shall further discuss a discovery plan that addresses the nature and complexity of the claims or defenses alleged in the litigation.

Related Authority: Fed. R. Bankr. P. 7016 and 7026 Fed. R. Civ. P. 16 and 26 Comment: Mont. LBR 7016 and 7026 are based on Fed. R. Civ. P. 16 and 26, as incorporated in Fed. R. Bankr. P. 7016 and 7026. To promote thorough trial preparation, to conserve scarce judicial resources, and to expeditiously conclude litigation, the Court, under these Local Rules and the discretion and authority permitted by the rules to issue orders modifying strict compliance with the federal rules given the varying nature and complexity of the adversary proceedings filed before the Court, shall generally consolidate and coordinate the conferences and disclosures required under the federal rules.