Skip to main content

Rule 7016-1 Adversary Practice - Pretrial Procedures

(A) Scheduling Conference. A scheduling conference will be held in each adversary proceeding. At the conference, counsel should be prepared to discuss with the Court the basic nature of the case, their discovery requirements (including discovery issues, a proposed discovery plan, limitations, or proposed orders), settlement prospects, possible trial dates, and any other pertinent matters including those specifically set forth in Fed. R. Civ. P. 16(c).

(B) Attorneys' Conference. At a time which will be fixed during the scheduling conference, counsel for the parties are required to hold an attorneys' conference to discuss settlement, a jointly proposed pretrial order, stipulated facts, exhibit list, witness list, and other matters that will aid in the preparation of an accurate, complete, and definitive pretrial order.

(C) Pretrial Orders. The parties must jointly prepare a proposed pretrial order approved by all counsel. The order must substantially conform to the format of Local Bankruptcy Form E.

With the proposed order, counsel must submit copies of all exhibits anticipated to be introduced at the trial. The plaintiff's exhibits should be marked with numbers and each defendant's exhibits should be marked with letters. If offered at the trial, the exhibits will be handled in accordance with LBR 9070-1.

If counsel are unable to agree on the contents of a proposed pretrial order, the plaintiff's counsel must timely submit a proposed order, accompanied by a statement from counsel for both parties explaining the areas of disagreement.

(D) Final Pretrial Conference. A final pretrial conference will be scheduled by the Court. Trial counsel must participate as required by Fed. R. Civ. P. 16(d) and must be prepared to discuss any anticipated evidentiary issues and the previously submitted joint pretrial order.