Local Rule RULE 16.2: CIVIL PRETRIAL CONFERENCES

RULE 16.2 CIVIL PRETRIAL CONFERENCES (See Fed. R. Civ. P. 16, 26)

NOTE: The requirements for the scheduling and discovery report and pretrial conference in class actions are located in SDIL-LR 23.1. To the extent anything in this Local Rule conflicts with SDIL-LR 23.1, SDIL-LR 23.1 takes priority.

(a) Initial Conference of the Parties; Submission of Report At least 21 days before any scheduling conference set by the Court, the attorneys (and any unrepresented parties) must confer in accordance with Fed. R. Civ. P. 26(f). Within 14 days after conferring, and at least 7 days before the date of the scheduling conference, a jointly prepared report must be submitted to the judge before whom the conference is set. See Form: Joint Report of the Parties and Proposed Scheduling and Discovery Order. The filing of motions will not eliminate the duty to comply with this Local Rule.

(b) Final Pretrial Conference

(1) Except in those cases listed in Fed. R. Civ. P. 26(a)(1)(B), a final pretrial conference will be held before the judicial officer assigned to try the case not less than 7 days prior to the presumptive trial date. The parties shall confer and jointly submit a signed proposed final pretrial order 3 business days before the date of the final pretrial conference unless otherwise directed by the Court. The parties are encouraged to review the case management procedures for each judge as outlined on the Court's website.

(2) Lead trial counsel for each party with authority to bind the party shall be present at this conference.

(3) Unless stated otherwise in the presiding judge's case management procedures, the following issues shall be discussed at the final pretrial conference and shall be included in the final pretrial order:

(A) the firm trial date (see SDIL-LR 16.1(b)); (B) stipulated and uncontroverted facts; (C) list of issues to be tried; (D) disclosure of all witnesses; (E) listing and exchange of copies of all exhibits; (F) pretrial rulings, where possible, on objections to evidence; (G) disposition of all outstanding motions; (H) elimination of unnecessary or redundant proof, including limitations on expert witnesses; (I) itemized statements of all damages by all parties; (J) bifurcation of the trial; (K) limits on the length of trial; (L) jury selection issues; (M) any issue which may facilitate and expedite the trial, for example, the feasibility of presenting testimony by a summary written statement; and (N) the date when proposed jury instructions shall be submitted to the Court and opposing counsel, which, unless otherwise ordered, shall be the first day of the trial.

(4) Trial briefs on any difficult, controverted factual or legal issue, including anticipated objections to evidence, shall be submitted to the Court at or before the final pretrial conference when possible.