Local Rule L.R. 16-1: Pretrial Procedure

N.D. Ind. L.R. 16-1 Pretrial Procedure

(a) Notice from Clerk. A clerk-issued notice directing the parties to prepare for and attend a pretrial conference is a court order for purposes of Fed. R. Civ. P. 16(a).

(b) Actions with Unrepresented Parties. In actions where a party is unrepresented, the court may issue a scheduling order after consulting with the parties' attorneys and the unrepresented parties at a scheduling conference or by telephone, mail, or other means.

(c) Exemptions. The following categories of actions are exempted from the requirements of Fed. R. Civ. P. 16(b):

(1) an action for review on an administrative record;

(2) a forfeiture action in rem arising from a federal statute;

(3) a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence;

(4) an action to enforce or quash an administrative summons or subpoena;

(5) an action by the United States to recover benefits payments;

(6) an action by the United States to collect on a student loan guaranteed by the United States;

(7) a proceeding ancillary to a proceeding in another court;

(8) an action to enforce an arbitration award; and

(9) an action for mortgage foreclosure if the United States is a party.

(d) Planning-Meeting Report. When the court orders an initial pretrial conference, the parties must file a Report of the Parties' Planning Meeting following their Fed. R. Civ. P. 26(f) planning meeting. The report must be consistent with the form on the court's website (www.innd.uscourts.gov). The court may adopt all or some of the report as part of its scheduling order.

(e) Preparation for Pretrial Conferences. Parties must confer before each pretrial conference and must be prepared to address the following matters at the conference:

(1) case-management plan issues;

(2) alternative-dispute-resolution processes, including mediation, early neutral evaluation, and mini-trial;

(3) settlement, including their present positions on settlement;

(4) trial readiness; and

(5) any other matters specifically directed by the court.

(f) Settlement Negotiations.

(1) Facilitation at Pretrial Conferences. The court may facilitate settlement negotiations at any pretrial conference after an initial conference. Accordingly, attorneys attending a pretrial conference after the initial conference must:

(A) know their settlement authority; and

(B) be prepared to negotiate in good faith at the conference.

(2) Attendance by Parties. To assist settlement discussions, the court may require a party, a corporate party's agent, or an insurance-company representative to appear at a pretrial conference.

(3) Disclosure Prohibited. The court may not disclose the details of any negotiations at a pretrial conference in an order or docket entry.

(g) Settlement or Resolution. The parties must immediately notify the court if they reasonably expect to settle the case or resolve a pending motion.