Local Rule LCivR 16: PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT
E.D. Wash. — Civil rule
LCivR 16 PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT
(a) Purposes of Pretrial Conference.
(1) through (4) [Reserved]
(5) Facilitating Settlement—Alternative Dispute Resolution.
(A) In General. Through the "Alternative Dispute Resolution Act of 1998," 28 U.S.C. §§ 651–658, Congress has encouraged federal courts to review and strengthen their alternative dispute resolution (ADR) programs. Such programs may provide greater satisfaction to the parties, provide innovative methods of resolving disputes, and increase efficiency in achieving settlements of civil cases. Moreover, the adoption of congressional requirements for the priority scheduling of criminal trials has placed substantially greater pressure on litigants, counsel, and the Court.
(B) Settlement Negotiations. The parties in civil actions shall consider ADR, Federal Rule of Civil Procedure 16(a)(5), (c)(1), (c)(2)(I), and be prepared to discuss it at the time of the first scheduling conference with the Court. The Court encourages the attorneys for all parties to the action, except nominal parties, to meet at least once and engage in a good-faith attempt to negotiate a settlement of the action.
(C) Court Annexed Program of Mediation. In selected cases, the presiding judge may refer matters for mediation to a magistrate judge, a district judge, or a bankruptcy judge designated by the Court. Matters referred shall be governed by the directives in the Court's scheduling order or standing order regarding mediation. "Mediation" is a process whereby an impartial third party, the mediator, facilitates communication between negotiating parties attempting to reach an agreed settlement of their dispute. When appropriate, the mediator may also offer an evaluation of the case or recommend a settlement. Whether a settlement results from mediation is within the sole control of the parties.
(D) Participation and Preparation by Counsel. The attorney who is primarily responsible for each party's case shall personally attend the mediation conference and any adjourned sessions of that conference. The attorney for each party shall come prepared to discuss the following matters in detail and in good faith:
(i) All liability issues;
(ii) All damages issues; and
(iii) The position of the client relative to settlement.
(E) In Person Attendance. Attendance by a party and its representative with full settlement authority at the mediation is mandatory, unless the mediator permits otherwise.
(F) Failure to Attend. Willful failure to attend the mediation conference, unless excused by the mediator, shall be reported to the Court by the mediator and may result in sanctions.
(G) Parties Retain Option to Pursue Settlement. Nothing in this rule shall prohibit parties from pursuing settlement by any other means not contrary to statute or court rule.
(b) Scheduling.
(1) Scheduling Order. Except in the following categories of cases, the Court will issue a scheduling order to govern all procedures conducive to the just, speedy, and inexpensive resolution of the action:
(A) Bankruptcy appeals;
(B) Habeas corpus proceedings;
(C) Proceedings by the United States to recover benefits payments;
(D) Proceedings by the United States to recover student loans;
(E) Proceedings to enforce judgments;
(F) Proceedings to enforce an arbitration award;
(G) Proceedings to enforce or quash discovery arising from another district under Federal Rule of Civil Procedure 37;
(H) Proceedings in which no defendant appears and judgment by default is sought; and
(I) Proceedings for administrative inspections, warrants, summons, and subpoenas.
(2) Time to Issue. The Court will issue a scheduling order in accordance with Federal Rule of Civil Procedure 16(b)(2). The Court may delay the issuance of a scheduling order in those cases where not all defendants have been served or where a motion to dismiss has been filed, including motions based on lack of jurisdiction, failure to state a claim, immunity of a defendant, the statute of limitations, or any other defense that would caution against starting the discovery and pretrial processes.
(3) Exception in Social Security Benefits Proceedings. In Social Security benefits proceedings, once the administrative record has been filed, and unless the Court issues a separate scheduling order, the parties shall abide by the briefing schedule contained in Rules 6–8 of the Supplemental Rules for Social Security Actions in the Federal Rules of Civil Procedure. A proposed briefing schedule need not be submitted to the Court if the parties abide by the Supplemental Rules.
(4) Exception in Administrative, Non-Social Security, Benefits Proceedings. In administrative benefits proceedings other than social security benefits proceedings, once the administrative record has been filed, the parties shall promptly confer and file a "Stipulated Motion for Scheduling Order" outlining their proposed briefing schedule for cross-motions for summary judgment.
(c) through (d) [Reserved]
(e) Final Pretrial Conference and Orders.
At a time and in the manner the Court directs, the parties shall submit a proposed pretrial order in substantially the following format:
Title of Court and Cause No.
PRETRIAL ORDER A pretrial conference was held in the above entitled cause on [month] [day], [year] with Judge [name] presiding. Plaintiff was represented by [name(s)] and defendant by [name(s)], their respective attorneys of record. The following pretrial order has been formulated and settled as follows:
NATURE OF PROCEEDINGS AND STATEMENT OF JURISDICTION [insert statement]
The following facts are agreed upon by the parties and require no proof:
1. 2. etc.
PLAINTIFF'S CONTENTIONS Plaintiff's contentions as to disputed issues are as follows:
1. 2. etc.
DEFENDANT'S CONTENTIONS Defendant's contentions as to disputed issues are as follows:
1. 2. etc.
ISSUES OF FACT The following are the issues of fact to be determined by trial:
1. 2. etc.
ISSUES OF LAW The following are the issues of law to be determined by the Court:
1. 2. etc.
EXHIBITS The following exhibits may be received in evidence, if otherwise admissible, without further authentication, it being admitted that each is what it purports to be:
Plaintiff's Exhibits:
1. 2. etc.
Defendant's Exhibits:
1. 2. etc.
The following plaintiff exhibits are objected to by defendant:
1. 2. etc.
The following defendant exhibits are objected to by plaintiff:
1. 2. etc.
Other than for impeachment purposes, the only exhibits admitted at trial will be exhibits identified herein or on a supplemental list filed at least 14 days before trial, or at such earlier date as may have been set by the Court, which supplemental list shall bear counsel's certificate that opposing counsel has had an opportunity to examine the exhibits.
Objections to exhibits, except as to relevancy, must be heard prior to trial.
WITNESSES The following witnesses may be called by plaintiff (if expert, give field of expertise):
1. 2. etc.
The following witnesses may be called by defendant (if expert, give field of expertise):
1. 2. etc.
Other than for rebuttal purposes, no witnesses may be called unless listed above.
RELIEF SOUGHT [insert statement]
TRIAL The parties estimate [insert number] days trial time. The parties stipulate and agree to the following:
[An alternate juror is recommended.]
[If a juror is excused during trial for good cause, the parties stipulate to a verdict by five jurors.]
[No stipulation reached by the parties.]
Unless otherwise specified in a scheduling order, proposed instructions and trial memoranda shall be filed and served at least 7 days prior to commencement of trial.
ACTION BY THE COURT The Court has made the following rulings: (any relevant ruling made by the Court)
1. 2. etc.
It is ORDERED that the foregoing constitutes the pretrial order in the case and that upon the filing hereof all pleadings pass out of the case and are superseded by this Order. This Order may be amended by consent of the parties and approval by the Court or by the Court to prevent manifest injustice.
DATED [month] [day], [year].
______________________ United States District Judge
(f) [Reserved]