Pretrial - Case Management Flashcards
1
Q
What rule?
A
16
72
2
Q
What is the scope of authority of the district judge in pretrial case management? What rule?
A
- Holding pretrial conferences
- Issuing scheduling orders
- Issuing other pretrial orders
- Requiring attendance and good faith participation of parties and lawyers at pretrial conferences
R.16
3
Q
What are the matters for consideration for pretrial conferences? What rule?
A
- Identify issues for trial
- Make pretrial rulings on admissibility of evidence
- Discuss order or trial
- Explore settlement
R.16
4
Q
Does the judge have authority to require parties to stipulate facts or settle claims?
A
No
5
Q
What kind of matters can magistrate judges hear? What rule?
A
Non-dispositive matters
R.72
6
Q
What kind of order is judge required to order until R.16(d)?
A
Pretrial order
7
Q
What does pretrial order control?
A
Course of action
8
Q
What factors are considered in denial of motion to amend pretrial order?
A
- Prejudice or surprise to opposing party
- Ability of opposing party to cure prejudice
- Disruption by inclusion of new issue
- Bad faith by party seeking to modify order
