Local Rule 7016-1: PRE-TRIAL PROCEDURES

RULE 7016-1. PRE-TRIAL PROCEDURES.

(a) Scheduling Conference. The Clerk will provide the plaintiff with an order on pre-trial deadlines upon the filing of the complaint. The plaintiff shall serve that order, along with the summons and complaint, on each defendant. The courtroom deputy will set and notify all counsel and pro se parties of the Bankruptcy Rule 7026(f) scheduling conference shortly after the expiration of the time for filing timely responses.

(b) Notice; Appearance. All counsel and pro se parties are required to appear at the scheduling conference unless (1) the parties file a joint proposed scheduling order within the time set in the order on pre-trial deadlines, (2) the Court enters a scheduling order prior to the date set for the scheduling conference, and (3) the Court cancels the scheduling conference. All counsel and pro se parties are required to attend all pre-trial conferences; if either fails to appear at a pre-trial conference, or otherwise fails to abide by the requirements of this Rule or the scheduling order, the Court will take such action as it deems appropriate which may include the imposition of sanctions or dismissal of the adversary proceeding.

(c) Remote Participation in Pre-Trial and Status Conferences. Counsel and pro se parties may participate in pre-trial and status conferences remotely if the Court approves their remote appearance, they have notified the other parties of their intent to appear remotely, and they have arranged for a remote appearance, through the courtroom deputy, at least one business day in advance.

(d) Pre-Trial Statements. Parties must file a joint pre-trial statement at least seven days before a trial is scheduled to begin. If the parties are not able to agree on the terms of a joint pre-trial statement, then each party must file and serve a separate pre-trial statement that identifies the terms in dispute, with an affirmation the party has made a diligent, good faith effort to produce a joint pre-trial statement but was unable to do so. All pre-trial statements must comport with Vt. LB Appendix VI.

(e) Motion to Modify Scheduling Order. A motion to modify a scheduling order must include a proposed order with the following provisions:

(1) Based on a stipulation of the parties, the due dates set forth in the scheduling order dated [date] are modified as follows: [list of all requirements that have new due dates, with the new dates listed].

(2) The following dates for future performances remain unchanged and in effect as set forth in that scheduling order: [list of all requirements whose due dates are not changing, with the original due dates listed].