Rule 16 Pretrial Conference; Scheduling Management

(a) Purposes of a Pretrial Conference. In any action, the chancery court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:

(1) expediting disposition of the action within one hundred fifty (150) days from the issuance of the scheduling order, if the judge determines at the judge’s discretion this timeframe is feasible;

(2) establishing early and continuing control so that the case will not be protracted because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation; and

(5) facilitating settlement.

(b) Scheduling.

(1) Scheduling Order. The judge, or a chancery court magistrate, shall, after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference, telephone, mail or other suitable means, enter a scheduling order.

(2) Time to Issue. The judge or magistrate must issue the scheduling order as soon as practicable, but unless the judge or magistrate finds good cause for delay, the judge or magistrate must issue it within 14 days after any defendant appears or files an answer or other response to plaintiff’s initial pleading.

(3) Contents of the Order.

(A) Required Contents. The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.

(B) Permitted Contents. The scheduling order may:

(i) modify the timing of disclosures under Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;

(iii) provide for disclosure, discovery, or preservation of electronically stored information;

(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced;

(v) direct that before moving for an order relating to discovery, the movant must request a conference with the court;

(vi) set dates for pretrial conferences and for trial; and

(vii) include other appropriate matters.

(4) Modifying a Schedule. A schedule may be modified only for good cause and with the judge’s consent.

(c) Attendance and Matters for Consideration at a Pretrial Conference.

(1) Attendance. A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the chancery court may require that a party or its representative be present or reasonably available by other means to consider possible settlement.

(2) Matters for Consideration. At any pretrial conference, the chancery court may consider and take appropriate action on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under Wyoming Rule of Evidence 702;

(E) determining the appropriateness and timing of summary adjudication under Rule 56;

(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rule 26 and Rules 29 through 37;

(G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;

(H) referring matters to a chancery court magistrate or master;

(I) settling the case and using special procedures to assist in resolving the dispute under Rule 40(b) or other alternative dispute resolution procedures;

(J) determining the form and content of the pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

(M) ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, third-party claim, or particular issue;

(N) ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a) or a judgment on partial findings under Rule 52(c);

(O) establishing a reasonable limit on the time allowed to present evidence; and

(P) facilitating in other ways the just, speedy, and inexpensive disposition of the action.

(3) Accelerated Adjudication Actions. The parties by written consent may authorize the chancery court to apply the accelerated adjudication procedures set forth in this Rule.

(A) In any matter proceeding through the accelerated process, the court may deem the parties to have irrevocably waived;

(i) any objections based on lack of personal jurisdiction or the doctrine of forum non conveniens;

(ii) the right to recover punitive or exemplary damages; and

(iii) the right to any interlocutory appeal.

(B) The right to discovery, except to such discovery as the parties might otherwise agree or as follows:

(i) There shall be no more than seven (7) interrogatories and five (5) requests to admit;

(ii) Absent a showing of good cause, there shall be no more than seven

(7) discovery depositions per side with no deposition to exceed seven (7) hours in length. Such depositions can be done either in person at the location of the deponent, a party or their counsel or in real time by any electronic video device; and

(iii) Documents requested by the parties shall be limited to those relevant to a claim or defense in the action and shall be restricted in terms of time frame, subject matter and persons, or entities to which the requests pertain.

(C) In any accelerated action, electronic discovery shall proceed as follows unless the parties agree otherwise:

(i) the production of electronic documents shall normally be made in a searchable format that is usable by the party receiving the e- documents;

(ii) the description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the disputes;

(iii) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the court will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final judgment; and

(iv) All discovery responses and documents produced by a party may be delivered but shall not be filed through the electronic filing system unless the chancery court orders otherwise. If not delivered through the electronic filing system, the response or document must be delivered via an electronic sharing methodology as agreed upon or approved at the initial conference. All documents delivered as a means of document production shall contain a bates stamp number on each page, as directed by the chancery court at the initial conference.

(4) Complex Adjudication Actions. The parties by written consent may authorize the chancery court to apply the complex adjudication procedures set forth in this Rule. A case will be designated for complex adjudication procedures only upon court approval.

(A) Party Consent. Consent shall be noted in the initial joint case management submission or by separate written notice. The consent, on good faith grounds and based on information reasonably available to the parties, shall state the reasons for departing from the one hundred fifty

(150) day goal; address the considerations listed below; and certify a commitment to diligent and expeditious prosecution, defense, and settlement efforts notwithstanding any complex adjudication designation.

(B) Court Approval. Upon receipt of the notice, the court shall determine, in its sole discretion, whether good cause exists to designate the case for complex adjudication. In making this determination, the court shall bear in mind the statutory directive that most chancery court cases be resolved within one hundred fifty (150) days of issuance of the scheduling order and may consider, without limitation, the following:

(i) The number of parties;

(ii) The number and complexity of claims;

(iii) The anticipated volume of proportional discovery;

(iv) The amount in controversy;

(v) The nature of the issues;

(vi) The likely length of trial; and

(vii) Any special circumstances.

(C) Extended Timeline. Any case designated for complex adjudication need not be resolved within one hundred fifty (150) days of issuance of the scheduling order but shall be resolved as expeditiously as the nature of the case permits. The court may set a resolution deadline when designating a case for complex adjudication.

(D) Resolution Methods. The court and parties shall make reasonable efforts to resolve cases designated for complex adjudication in a just, speedy, and cost-effective manner. Such efforts include, without limitation, participating in early, ongoing, and active case management; prioritizing the resolution of legal and factual issues that facilitate case disposition; resolving discovery disputes informally where possible; tailoring discovery to the needs of the case; and engaging in early and regular alternative dispute resolution efforts.

(d) Pretrial Orders. After any conference under this rule, the chancery court shall issue an order reciting the action taken. This order controls the course of the action unless the chancery court modifies it.

(e) Final Pretrial Conference and Orders. The chancery court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The chancery court may modify the order issued after a final pretrial conference only to prevent manifest injustice.

(f) Sanctions.

(1) In General. On motion or on its own, the chancery court may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii), if a party or its attorney:

(A) fails to appear at a scheduling or other pretrial conference;

(B) is substantially unprepared to participate--or does not participate in good faith--in the conference; or

(C) fails to obey a scheduling or other pretrial order.

(2) Imposing Fees and Costs. Instead of or in addition to any other sanction, the chancery court must order the party, its attorney, or both to pay the reasonable expenses — including attorney’s fees — incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust.