(a) Obligation of Counsel to Meet; Pretrial Disclosures Under FR Civ P 26(a)(3).
Unless otherwise ordered by the judicial officer to whom the case is assigned for
trial, counsel and unrepresented parties shall meet no later than 21 days before the
date of the final pretrial conference to conduct settlement negotiations. Lead
counsel for the plaintiff first named in the complaint shall take the initiative in
scheduling the meeting. If the action is not settled, and if there is no order or
stipulation to the contrary, counsel and unrepresented parties shall make all FR Civ
P 26(a)(3) disclosures at the meeting. The parties shall prepare a proposed pretrial
order for submission to the judicial officer. Counsel and unrepresented parties must
be prepared at the final pretrial conference to certify that they tried in their meeting
to settle the case.
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(b) Proposed Pretrial Order.
Unless otherwise ordered by the judicial officer to whom the case is assigned for
trial, counsel and unrepresented parties shall file, no later than 7 days prior to the
final pretrial conference, a proposed pretrial order setting forth:
(1) the pre-trial disclosures required by FR Civ P 26(a)(3) and any objections
thereto;
(2) contested issues of law requiring a ruling before trial;
(3) a realistic and brief statement by counsel for plaintiff(s) and third-party
plaintiff(s) of essential elements which must be proved to establish any
meritorious claim remaining for adjudication and the damages or relief
sought, accompanied by supporting legal authorities; and by counsel for
defendant(s) and third-party defendant(s) of essential elements which must
be proved to establish any meritorious defense(s), accompanied by
supporting legal authorities. Corresponding statements must also be
included for counterclaims and cross-claims;
(4) in all cases, for each party, a brief summary of the material facts and theories
of liability or defense;
(5) in all cases, for each party, a single listing of the contested issues of fact;
and a single listing of the contested issues of law, together with case and
statutory citations;
(6) stipulations;
(7) suggestions for the avoidance of unnecessary proof and cumulative
evidence;
(8) suggestions concerning any need for adopting special procedures for
managing potentially difficult or protracted aspects of the trial that may
involve complex issues, multiple parties, difficult legal questions or unusual
proof problems;
(9) a list of special voir dire questions, if any, that counsel request be asked of
the jury panel;
(10) a statement setting forth a realistic estimate of the number of trial days
required;
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(11) any courtroom technology requested for use at trial and a certification that
the court=s technology staff has been notified regarding such use no later
than 7 days before the scheduled commencement of trial; and
(12) any other matters relevant for pretrial discussion or disposition, including
those set forth in FR Civ P 16.
(c) Final Pretrial Conference.
The judicial officer to whom the case is assigned for trial shall preside at the final
pretrial conference. The final pretrial conference shall be attended by unrepresented
parties and by lead trial counsel for each represented party rather than Aby at least
one of the attorneys who will conduct the trial for each of the parties@ as provided
in FR Civ P 16(d). Individuals with full authority to settle the case for each party
shall be present in person or immediately available by telephone. The agenda of the
final pretrial conference shall include consideration of those matters in the proposed
pretrial order and any other appropriate matter, including those set forth in FR Civ
P 16(c) and (d).
(d) Final Pretrial Order.
Following the final pretrial conference, the judicial officer shall enter a final pretrial
order, which shall be modified only to prevent manifest injustice.
(e) Final Settlement Conference.
Unless otherwise ordered, a final settlement conference shall be held in each case.
The conference shall be conducted by the judicial officer and attended by
unrepresented parties and lead trial counsel for each represented party. Individuals
with full authority to settle the case for each party shall be present in person or
otherwise available as the court permits.
(f) Settlement Before Trial.
All fees and juror costs shall be imposed upon the parties unless counsel have
notified the court and the clerk=s office of any settlement not later than 3:00 p.m. of
the last business day before trial. The costs shall be assessed equally against the
parties and their counsel unless otherwise ordered.
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