(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.)
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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.
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