Local Rule Rule 16.1: Pretrial Procedure

Rule 16.1. Pretrial Procedure

(a) Initial Pretrial Memorandum. All parties shall conduct discovery expeditiously and diligently. No less than three business days prior to the initial scheduling conference held pursuant to Federal Rule of Civil Procedure 16, or at such time as the Court may direct, each party shall file with the Court a discovery memorandum which shall include, but need not be limited to, the following items:

(1) a brief statement of the facts underlying the claims or defenses in the action and of the legal issues in the case;

(2) a description of all discovery conducted by the party to date;

(3) a description of all discovery problems encountered to date, the efforts undertaken by the party to remedy these problems, and the party's suggested resolution of the problems;

(4) a description of the party's further discovery needs, including any special needs (e.g., videotape, telephone depositions, or problems with off island witnesses or documents, etc.);

(5) the party's estimate of the time needed to complete discovery;

(6) a statement regarding whether expert testimony will be necessary, and the party's anticipated schedule for retention of experts and submission of their reports;

(7) a statement regarding whether there should be any limitation placed upon use of any discovery device and, if so, the reason the limitation is sought;

(8) a description of any settlement efforts to date and whether early settlement efforts with a judicial officer or an early mediation might assist in an early resolution of the case; and

(9) any other information as the Court may direct.

(b) Joint Final Pretrial Order. The proposed Joint Final Pretrial Order shall be prepared through cooperation of counsel within the deadlines and in accordance with instructions given by the Court. After each counsel has submitted the respective portions of the proposed pretrial order to other counsel, plaintiff's counsel shall convene a conference, in person or by telephone, to attempt to reconcile any matters on which there is a disagreement. After diligent efforts to resolve such disagreements, all areas of agreement or disagreement shall be noted in the proposed Joint Final Pretrial Order. The proposed Order shall be a single document reflecting efforts of all counsel, signed by all counsel of record, and then filed by plaintiff's counsel for review and entry by the Court. The Court may enforce the provisions and requirements of the Joint Final Pretrial Order by sanctions against counsel or the parties.

Any amendments to the pleadings by consent, other than claims or defenses that are abandoned, must be clearly set forth in the section of the Joint Final Pretrial Order entitled "Amendments to the Pleadings." If a party wishes to amend the pleadings but the other party does not consent to same, the issue shall be raised under "Special Problems" and the party seeking the amendment shall file a motion to amend. Such motion shall address the grounds for the amendment and set forth the party's argument as to why an amendment should be permitted after the deadline for amending pleadings has passed. Amendments to the pleadings after the deadline are disfavored.

(c) Trial Briefs, Requests to Charge, Proposed Findings of Fact and Conclusions of Law. No later than seven days before the date set for trial or at such time and in such manner as the Court may direct:

(1) Each party must file a trial brief or memorandum with citations and authorities and arguments in support of the party's position on all disputed issues of law.

(2) In a jury case, each party must also file written requests for charge to the jury. Supplemental requests for charge may be submitted as permitted by the Court. All requests for charge must be plainly marked with the name and number of the case; shall contain citations of supporting authorities if any; shall designate the party submitting the same; and in the case of multiple requests by a party, shall be numbered in sequence.

(3) In a non-jury case, the litigants must file proposed Findings of Fact and Conclusions of Law.