Local Rule 7016-1: PRETRIAL PROCEDURES
Bankr. E.D. Va. — Civil rule
RULE 7016-1 PRETRIAL PROCEDURES
(A) In Default Cases: Where the defendant is in default and there has been no appearance on the defendant's behalf, the procedure outlined herein shall not be applicable, but the Court may direct the party not in default to appear for the purpose of noting 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 party not in default fails to take action to prosecute its claim after reasonable notice to appear or take such action, the Court may dismiss the proceeding for failure to prosecute.
(B) In All Other Cases: In all other adversary proceedings, as promptly as possible after suit has been filed, the Court may schedule an initial pretrial conference at which trial counsel shall be present. At such pretrial conference, the Court may issue an order fixing dates for:
(1) the amendment of pleadings and joinder of additional parties;
(2) the completion of discovery;
(3) the filing and hearing of motions; and
(4) a final pretrial conference and/or trial.
(C) Optional Items in Scheduling Order: The Court may include in such order, or any supplemental order, such other provisions as are appropriate to assist in expediting the trial or other disposition of the case and may specify the requirements of any final pretrial conference order, which shall be presented to the Judge for entry at the time of the final pretrial conference. While the primary obligation of preparing the final pretrial conference order rests upon counsel for plaintiff, all counsel are requested to meet at least 7 days in advance of the conference with the Court in order to discuss and prepare such order, and the Court may require such meeting of counsel by its order.
(D) Continuance of Dates Set in Scheduling Order: The parties and their counsel are bound by the dates specified in said order and no extensions or continuances thereof shall be granted in the absence of a showing of good cause. Mere failure on the part of counsel to proceed promptly with the normal processes of discovery shall not constitute good cause for an extension or continuance.
Comments 7016-1 Stylistic changes have been made in the text of the Rule. [Changes effective 12/01/09.]