Rule 5-1 Case Management Meeting

(a) General Principles. The case management process described in this rule should be applied in a flexible and case-specific manner. This article is designed to encourage parties to identify and to implement the case management techniques — including novel and creative ideas — that are most likely to support the efficient resolution of the case.

(b) Timing. Except as provided in section (c) of this rule or otherwise ordered by the Court, counsel shall hold a Case Management Meeting within 30 days of all named defendants answering, or in the case of a petition to transfer or remove, within 30 days of the order granting the petition.

(c) Objection to Jurisdiction Exception. If a party files an Objection to Jurisdiction in accordance with BCR 2-4 (b), the parties shall not be required to hold a Case Management Meeting until the Court issues an order on such objection, at which time the parties will receive further direction from the Court.

(d) Procedures. The Case Management Meeting may be held by telephone, video conference, in person, or some combination thereof. Counsel for the first named plaintiff is responsible for contacting all other counsel of record and scheduling the Case Management Meeting. A party may, by motion, request that the Court alter the process or schedule for the Case Management Meeting, Case Management Report, or both. Any motion for relief under this article shall be made in accordance with the requirements of Article 7 of these rules. The Court may schedule a status conference in advance of the Case Management Meeting if requested by a party or if circumstances otherwise warrant a status conference.

(e) Topics. Unless the Court orders otherwise, the Case Management Meeting shall, at minimum, cover the following topics:

(1) The nature and basis of each party's claims and defenses and the possibilities of settling the case, including by early mediation (see subsection (9) of this section).

(2) Any initial motions that a party might file and whether certain issues may be presented to the Court for early resolution.

(3) The discovery topics, issues, and requirements described in Article 6 of these rules.

(4) A proposed deadline for amending pleadings, adding parties, or both.

(5) A proposed deadline for filing dispositive motions.

(6) A proposed trial date.

(7) Whether a protective order is needed.

(8) Whether any law other than Georgia law might govern any aspect of the case and, if so, what law and what aspect of the case.

(9) Each party's view on the timing of mediation, including any plans for early mediation, a mediation deadline, and each agreed-upon mediator.

(10) Whether periodic Case Management Conferences with the Court (see BCR 5-3) would be beneficial and, if so, the proposed frequency of such conferences.

(11) Whether a Case Management Conference should be transcribed.

(12) Whether a matter might be appropriate for a special master.

(13) Whether client attendance at the Case Management Conference would be beneficial or detrimental.

(14) Whether areas of disagreement exist among the parties that need to be resolved at the Case Management Conference.

(f) Discovery Management. These rules envision a full discussion at the Case Management Meeting of the discovery topics, issues, and requirements described in Article 6 of these rules. If, because of the circumstances of the case, the parties need additional time after the Case Management Meeting to complete their discussion of discovery, then the parties should arrange to have additional meetings, as needed, on any discovery issues that remain to be discussed.

(g) Relief from Requirements. Parties may seek relief from, or modifications of, the requirements of this rule, including BCR 5-1 (d), by petitioning the Court in the manner outlined in BCR 7-3 (a) (3). Such petition must be filed at least seven days prior to the deadline for holding the Case Management Meeting.