(a) Each judge may prescribe any pretrial procedures that the judge deems
appropriate and that are consistent with the Federal Rules of Civil Procedure and with
these rules.
(b) When a judge schedules a conference authorized by LR 16.2-16.6, the
judge must give the parties reasonable notice of the date and time for the conference.
(c) At a conference authorized by LR 16.2-16.6, the judge may require
attendance by the parties, the parties’ attorneys, the parties’ representatives, or
representatives of insurance companies whose coverage may apply.
[Adopted effective February 1, 1991; amended November 1, 1996; amended January 3,
2000; amended July 23, 2012]
2012 Advisory Committee’s Note to LR 16.1
The language of LR 16.1 has been amended in accordance with the restyling process described in
the 2012 Advisory Committee’s Preface on Stylistic Amendments.
The language about alternative dispute resolution in former subsections (d) and (e) of this rule has
been moved to LR 16.5. The language requiring parties to consider the use of ADR has been removed
because it is addressed in LR 26.1 and Forms 3-4.
1999 Advisory Committee’s Note to LR 16.1
The Alternative Dispute Resolution Act of 1998 requires that each district implement an ADR
program to encourage and promote the use of Alternative Dispute Resolution in the District. The Act further
requires that the Court designate an ADR Administrator which may a judicial officer or court employee who
is knowledgeable in alternative dispute resolution practices and processes to implement administer,
oversee and evaluate the court’s alternative dispute resolution program. Title 28 United State Code,
Sections 651; 652, Local Rule 16.1(d) and (e) are designed to comply with the mandate of the Act in these
respects.
1996 Advisory Committee’s Note to LR 16.1
The Civil Justice Reform Act Implementation Plan (CJRA Plan) adopted by the District Court
observes that early and ongoing judicial control of the pre-trial process promotes efficient case
management. Local Rules 16.1 through 16.8 are designed to implement many of the provisions of the
CJRA Plan. These Local Rules codify many of the Court’s past practices by defining with some particularity
some of the more useful ways in which the Court has employed the Rule 16 conference to manage cases.
The Rules are also designed to provide some uniformity among the judicial officers of the Court without
sacrificing the flexibility Fed. R. Civ. P. 16 is intended to encourage.
LR 16.1 authorizes each Judge to manage his or her own docket by the adoption of any pre-trial
procedures which are consistent with the Federal Rules of Civil Procedure and these Local Rules. The
Rule also requires that reasonable notice of the time for the conference be given to all parties and makes
clear that the Court has the power to order the attendance at any conference those whose attendance is
necessary to accomplish the business of the conference.
