Local Rule CVLR 16-1: Pre-Trial Management and Scheduling Conference

CVLR 16-1 Pre-Trial Management and Scheduling Conference

(a) Exempt Actions. In addition to the exempt actions set forth in Fed. R. Civ. P. 26(a)(1)(B), the following actions are exempt from compliance with these procedures unless otherwise directed by the Court:

(1) Any action filed by or on behalf of a convicted prisoner, a pretrial detainee, or any other person confined in a territorial or federal institution challenging the validity or the conditions of confinement;

(2) Any action challenging the validity of a criminal conviction or sentence;

(3) Eminent domain proceedings; and

(4) Actions to enforce out-of-state judgments.

(b) Scheduling.

(1) Scheduling Notice. The Clerk of Court will schedule a Scheduling Conference to be held approximately ninety (90) days after the complaint is filed. The Clerk shall issue, no later than forty (40) days after the complaint has been filed, a Scheduling Notice setting forth:

(A) the date on which the Scheduling and Planning Conference Report shall be filed by the parties, and

(B) the date for the Scheduling Conference.

It is the responsibility of plaintiff's counsel or the pro se plaintiff to serve a copy of the Clerk's Scheduling Notice on all parties who may appear after the Clerk's issuance of the Scheduling Notice.

(2) Scheduling and Planning Order. The Court shall issue a Scheduling and Planning Order pursuant to Fed. R. Civ. P. Rule 16(b)(1) after receiving and discussing the Scheduling and Planning Conference Report described in CVLR 26(f), with the parties' attorneys and any unrepresented parties at the Scheduling Conference. Said Scheduling and Planning Order shall control the course of the action unless modified by the Court, a sample of which is attached hereto as Civil Attachment 2.

(3) Extension of Deadlines Fixed in Scheduling and Planning Order. A deadline established by a Scheduling and Planning Order will be extended only upon a good cause finding by the Court. In the absence of disabling circumstances, the deadline for completion of all discovery will not be extended unless there has been active discovery. Delayed discovery will not justify an extension of discovery deadlines. A motion to extend the deadline in a Scheduling and Planning Order must demonstrate a specific need for the requested extension and should be accompanied by a detailed proposed amendment to the previously entered Scheduling and Planning Order. The date for completion of discovery will be extended only if the remaining discovery is specifically described and scheduled, e.g., the names of each remaining deponent and the date, time and place of each remaining deposition. The Court, in its discretion, may order that the client consent in writing to any continuance proposed by counsel.

(c) Preliminary and Final Pretrial Conferences. Preliminary pretrial conferences shall be held on the dates and at the times set by a Scheduling and Planning Order. Generally, the Court will schedule three (3) preliminary pretrial conferences before the Magistrate Judge and a final pretrial conference before the assigned trial judge.

The agenda for the preliminary pretrial conferences shall consist of the matters covered by Fed. R. Civ. P. 16(c)(2).

The parties shall have a final pretrial conference with the assigned judge seven (7) days prior to trial for the purpose of ensuring that all pretrial preparation is complete and to discuss mechanical aspects of trial, such as starting and stopping times, etc.

(d) Pretrial Disclosures. Parties to an action shall make pretrial disclosures and objections thereto pursuant to Fed. R. Civ. P. 26(a)(3). Responses to any objections to pretrial disclosures shall be filed and served within seven (7) days of the filing of the objection, unless leave of Court is obtained shortening the time for filing.

(e) Trial Brief. Each party shall serve and file a trial brief thirty (30) days prior to the trial date containing a summary of the party's basic factual contentions supported by legal authority in the form of a legal brief. No trial brief shall exceed twenty-five (25) pages in length without leave of Court. The brief shall include the following:

(1) Factual Contentions. The brief shall contain a brief but full exposition of the party's theory of the case and a statement in narrative form of what the party expects to prove.

(2) Legal Assertions.

(A) Issue of Law - The brief shall include the issues of law necessary to the determination of the case with authorities cited in support thereof.

(B) Evidentiary Problems - The brief shall identify and state the party's position on any anticipated evidentiary problems.

(3) Attorney's Fees. If either party claims that attorney's fees are recoverable by the prevailing party, the brief shall discuss the factual and legal basis of such claim.

(4) Abandonment of Issues. The brief shall state any issues in the pleadings which have been abandoned.

(f) Witness Lists, Discovery Material Designations, Exhibit Lists and Exhibit Binders.

(1) Witness List. Fourteen (14) days prior to trial, each party shall serve and file under separate cover, a list of witnesses to be called at trial other than those contemplated to be used for impeachment or rebuttal. The Witness List shall also contain the address, telephone number, and current employment information of each witness. Witness names which were not exchanged thirty (30) days prior to trial pursuant to Federal Rule of Civil Procedure 26(a)(3) may not be contained on the Witness List absent leave of Court, which shall be sought by motion. The obligation of listing such witnesses is a continuing one, and except for good cause shown the testimony of any such witness proffered at trial who is not listed upon a party's witness list shall be precluded.

(2) Discovery Material Designations. Fourteen (14) days prior to trial, each party shall serve and file under separate cover, a designation of

(A) those witnesses whose testimony is expected to be presented by means of a deposition, and if not taken stenographically, a transcript of the pertinent portions of the deposition testimony;

(B) statements designating excerpts from interrogatory answers to be offered at trial other than for impeachment or rebuttal; and

(C) statements designating excerpts from responses to requests for admission to be offered at trial other than for impeachment or rebuttal.

Deposition designations which were not exchanged thirty (30) days prior to trial pursuant to Fed. R. Civ. P. 26(a)(3) may not be contained on the Deposition Designation absent leave of Court, which shall be sought by motion.

(3) Exhibit List. Fourteen (14) days prior to trial, each party shall serve and file under separate cover a list of exhibits each party expects to offer at trial other than those to be used for impeachment or rebuttal, with a description of each exhibit sufficient for identification. Exhibits which were not exchanged thirty (30) days prior to trial pursuant to Fed. R. Civ. P. 26(a)(3) may not be contained on the exhibit list absent leave of Court, which shall be sought by motion. The parties shall meet and confer sufficiently in advance of trial and formulate a list of joint exhibits, if possible. Those exhibits upon which agreement cannot be reached shall be submitted separately. The Plaintiff's exhibits shall be marked numerically and the Defendant's exhibits shall be marked alphabetically. The exhibit list shall be in substantially the same form as Civil Attachment 3.

(4) Exhibit Binders. Each party shall prepare and lodge with the Court three (3), three-ring binders each containing a copy of each exhibit marked for identification. Exhibit identification tags are available from the Clerk's Office.

(g) Pretrial Order. Fourteen (14) days prior to trial, plaintiff shall serve and lodge with the Clerk a proposed Pretrial Order, signed by each party or the attorney for each party, approved as to form and substance by the attorneys for all parties appearing in the case. The Pretrial Order shall address all matters discussed in the last preliminary pretrial conference. The form shall be in substantially the same form as Civil Attachment 4.

(h) Proposed Jury Instructions, Voir Dire Questions, Forms of Verdicts, Objections. In jury cases, unless the Court otherwise orders, the parties shall, not less than fourteen (14) days prior to the date on which the trial is scheduled to commence, serve and file proposed jury instructions and proposed verdict forms. If desired, each party may also submit proposed voir dire questions. The parties shall meet and confer sufficiently in advance of trial and formulate a list of joint proposed jury instructions, if possible. Those instructions upon which agreement cannot be reached shall be separately filed. Each proposed instruction shall be numbered, set forth in full on a separate page, embrace only one subject or principle of law, indicate which party presents it, and indicate at the bottom of the instruction the source from which it was derived, i.e., Ninth Circuit Model Jury Instructions, case law with case citations, etc. The Court may at any time prior to instructing the jury receive requests for additional instructions.

(i) Waiver of Pretrial Requirements. If the parties believe that the action should not be subject to the pretrial requirements of subsections (e) through (h) of this rule, the parties may include in the Scheduling and Planning Conference Report required by CVLR 26(f) a statement requesting a waiver and the basis(es) for such request. If the request is made, the Scheduling and Planning Conference Report shall contain a comprehensive discovery schedule that will permit the trial to be set within six (6) months of the date of the Scheduling Conference.

(1) Waiver - Limitation. Waiver of pretrial shall apply only to cases that are realistically estimated to consume no more than two (2) trial days.

(2) Preparation for Trial. If the case is approved by the Court for waiver of pretrial preparation, the attorneys for the parties shall meet thirty (30) days before the date set for commencement of the trial and each party shall file not less than fourteen (14) days before the date set for commencement of the trial:

(A) a succinct statement of the factual and legal issues;

(B) in non-jury cases, detailed narrative statements of witnesses to be used at trial as the direct testimony of the witnesses, subject to cross-examination at trial by the opposing party;

(C) a witness list; (see Fed. R. Civ. P. 26(a)(3) and CVLR 16-1(f)(1);

(D) an exhibit list; (see Fed. R. Civ. P. 26(a)(3) and CVLR 16-1(f)(3);

(E) depositions to be used at trial marked as required by Fed. R. Civ. P. 26(a)(3); and

(F) a trial brief which provides the theory of the case and statutory or precedential support for the theory, together with any unusual evidentiary or legal questions which may be anticipated at trial.