Local Rule Rule 7016-1: Pre-trial Procedures; Formulating Issues.

Rule 7016-1. Pre-trial Procedures; Formulating Issues.

The bankruptcy court shall decide, on the court's own motion or on the timely motion of a party in interest, whether to hear and determine the proceeding, issue proposed findings of fact and conclusions of law, or take some other action.

(a) Pretrial Conferences; Scheduling; Management.

(b) (1) Case Management, Status and Scheduling Conferences in Chapter 11 Cases.

The court on its own motion or on the motion or request of a party in interest may conduct case management, status and scheduling conferences at such times during a case as will further the expeditious and economical resolution of the case. At the conclusion of each such conference, the court may enter case management, scheduling or pre-trial orders as may be required. Such orders may establish notice requirements, set dates on which motions and proceedings will be heard, establish procedures (including briefing schedules) and address such other matters as may be appropriate. This rule shall be applicable in matters contemplated under Fed. R. Bankr. P. 9014.

(b) (2) Pre-trial Conference.

A pre-trial conference may be held if ordered by the court.

(1) (A) Request for a Pre-trial Conference.

Any party may request that a pre-trial conference be held following the completion of discovery, as provided in the scheduling order, by filing a motion with the clerk.

(2) (B) Failure to Appear at Pre-trial Conference or to Cooperate.

Unless otherwise permitted by the court under Miss. Bankr. L.R. 7016-1(c), all counsel who will conduct the trial are required to appear before the court for the pre-trial conference. Should an attorney for a party fail to appear or to cooperate in the preparation of the pre-trial order, the court, in its discretion, may impose sanctions, such as costs and fines. The court, nevertheless, may hold a pre-trial hearing and enter an appropriate judgment or order.

(3) (C) Attorney Conference Prior to Pre-trial Conference.

Before the pre-trial conference, attorneys for all of the parties and any unrepresented individual shall confer and cooperate to permit each party to pre-mark all exhibits and to prepare a proposed pre-trial order for the court, unless a pretrial order is waived by the court.

(4) (D) Pre-trial Order.

The parties shall comply with the requirements and procedures established by each judge with respect to the preparation, execution, submission and service of any pretrial order.

(c) Telephonic Fed. R. Civ. P. 16 Scheduling Conference or Pre-trial Conference.

For cause shown, and at least 2 days before the time scheduled for a scheduling conference or pre-trial conference, any party to the conference may request that the conference be conducted by telephone or that the party be permitted to participate by telephone. Such request may be made by telephone to the courtroom deputy and shall be communicated contemporaneously to other counsel known to be involved in the hearing or conference. Any party objecting to the request shall promptly advise the court and other counsel.