Rule 16. Pretrial Conference Pretrial Conference: Ct may order 1 or more: to expedite, control, avoid waste, quality of trial, settlement Scheduling: unless local rule, court must issue scheduling order after 26(f) report (meet ASAP; earliest of 90/served or 60/appeared + 14 days to file report) or after consulting w/ parties Contents: Req’d = deadlines for joinder, amending plds, discovery, and motions Permitted = timing of disclosures, extent of discovery, electronic discovery, privilege claw back, b/f discovery motion must request conf w/ ct, set dates for PTC and trial, and other Modifying: only w/ good cause and judge’s consent Attendance: at least 1 attny w/ authority for stipulations/admissions on matters; present by other means may be req’d for settlement authority Matters: see (A)-(P); disclosures/discovery/witnesses/evidence/claims/defenses/motions/timing/trial Pretrial Conference Order: issued after conference; controls unless court modifies Final PreTrial Conference Order: may hold; trial plan + evid; close to trial date; trial attny must attend; only modify if to prevent injustice Sanctions: fail to appear, unprepared, fail to obey; must order pay expenses, incl attny fees, unless justified or unjust Rule 56. Summary Judgment Sum Judgment = any claim/defense (or part of); if no genuine issue of material fact = JMOL Time = unless local rule; any time until 30 days after discovery closes Summary Judgment Procedures: Materials = cite to record; show absence or negative of proof; or cannot provide admissible evidence; Must be admissible evidence (can object); court may consider other in record Decl/Aff = must show personal knowledge & competency + admissible Non-movant can get deferred, more time, or other order if facts unavailable Failure to support or address fact = give chance, consider undisputed, grant SJ, or other order Ct can grant SJ on own or to non-movant if gives notice & reasonable time to respond Ct can also “slice & dice” to grant some but not all of motion Aff/Decl in bad faith or solely for delay can be ordered to pay other side, sanctions, contempt
Rule 38. Right to Jury Trial Right to Jury Trial; Demand = 7th Amend or statute Any issue triable to jury (CL/legal=$; equity=non money) Demand in writing; may be included pleading; no later than 14 days after last pld served Must be properly served and filed May demand jury only on certain issues; otherwise assume all; if only certain, other party has 14 days (unless ct changes) to demand other or all May withdraw only if parties consent Rule 39. Trial by Jury or Court Trial by Jury or Court When properly demanded, must be tried to jury unless: stipulation (filed or on record) or court finds no federal right to jury trial If jury trial not properly demanded, then tried to court; Court may, if motion filed, order a jury trial if could have been demanded $$ = right to jury trial (most) Non-$$ (rescind, specific performance, injunction) = NO right to jury; bench trial Both = triable issues of $$ to jury 1st, then non-$$ decided by judge Rule 47. Selecting Jurors
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- Winter '08
- Federal Rules