Local Rule RULE 16.1: TRIAL DATES

RULE 16.1 TRIAL DATES (See 28 U.S.C. § 473(a)(2)(B) and Appendix A, Fed. R. Crim. P. 50; 18 U.S.C. §§ 3161 et seq., 5036, 5037)

(a) Presumptive Civil Trial Date After the first appearance of a defendant or default date, whichever occurs first, the judicial officer to whom a case is assigned for trial will, in their discretion, assign a presumptive trial date (month, week, or day) to the case based on the following tracks of cases:

Track "A" The presumptive trial date will be set between 8-10 months after the first appearance of a defendant or default date, whichever occurs first. Track "A" shall include all cases exempt from the requirements of pretrial and settlement conferences by SDIL-LR 26.1. Prisoner habeas corpus petitions and any administrative review cases (i.e., social security) are not included in Track "A" assignments.

Track "B" The presumptive trial date will be set between 11-14 months after the first appearance of a defendant or default date, whichever occurs first. (Examples are simple tort and contract cases.)

Track "C" The presumptive trial date will be set between 15-18 months after the first appearance of a defendant or default date, whichever occurs first. (Examples are multi-party or complex issue cases, including products liability, malpractice, antitrust, and patent cases.)

Track "D" The presumptive trial date will be set between 19-24 months after the first appearance of a defendant or default date, whichever occurs first. (Only proposed class actions will be assigned to Track "D.")

The presumptive trial date will be communicated to the parties and, for cases assigned to Tracks "B," "C," and "D," shall be set forth in the notice to the parties of the date set for the initial pretrial and scheduling conference pursuant to Fed. R. Civ. P. 26(f) and will be incorporated into the initial pretrial scheduling and discovery order.

(b) Firm Civil Trial Date On or before the presumptive trial date of a case assigned to Track "A," the judicial officer to whom the case is assigned shall set a firm trial date, and the parties shall be informed of this date. For cases in Tracks "B," "C," and "D," a firm trial date (week or day) shall be set at or before the final pretrial conference and incorporated into the final pretrial order (when required by the presiding judge).

(c) Continuances After Firm Civil Trial Date is Set When the unanticipated length of a civil trial, an emergency, or an unanticipated situation prevents the judicial officer to whom the case is assigned for trial from adhering to the firm trial date, the case will be given priority for trial during the next month or given an accelerated trial date.

(d) Parties Informed of Case Status The Court will, from time to time, keep the attorneys/parties apprised of the trial date status of a case.

(e) Trial Dates in Criminal Cases Trial dates in criminal cases are addressed in the District's "Plan for Prompt Disposition of Criminal Cases," available on the Court's website. See also SDIL-LR Appendix A, Cr50.1.