PART 1. CIVIL RULES AND GENERAL PROVISIONS
Section III. Pleadings and Motions
REQUESTS AND ORDERS TO SHORTEN OR EXTEND TIME OR CONTINUE TRIAL DATES
When by these rules or by notice given thereunder an act is required or allowed to be done at or within a specified time, the court, for cause shown, may at any time, with or without motion or notice, order the period be shortened or extended.
(a) Requests for Time Extensions concerning Motions. All requests to extend briefing periods or to vacate or reschedule motion hearing dates must be in writing and state the specific reason(s) for the requested time extension. Such requests will be granted only upon a showing of good cause. A mere stipulation between the parties without providing the reason(s) for the requested time extension will be deemed insufficient. The requesting party must apprise the court if they have previously been granted any time extensions in this particular action.
(b) Requests for Trial Continuance. All requests to vacate, continue or reschedule a trial date must be in the form of a written motion, must be approved by the client, and must state the specific reason(s) for the requested continuance. A mere stipulation between the parties without providing the specific reason(s) for the requested continuance will be deemed insufficient. Client approval can be satisfied either by the client's actual signature or by the attorney certifying to the court that the client knows about and agrees to the requested continuance. The requesting party must apprise the court if they have previously been granted a trial date continuance in this particular action.
Revised 8/1/97
RELATED AUTHORITY
MOTION PRACTICE
(a) General Requirements.
(1) The moving and responding parties are required to submit an additional copy of any motion, memorandum of points and authorities, and supporting affidavits and documents to the Clerk of Court for use by the judges’ chambers.
(2) No memorandum of points and authorities in support of or in opposition to a motion shall exceed twenty (20) pages in length without express leave of the court which will only be granted under unusual circumstances. The use of small fonts and/or minimal spacing to comply with the page limitation is not acceptable.
(3) Proposed orders shall be submitted as a separate document on routine, uncontested matters at the time the motion is filed. A proposed order is not required when filing dispositive motions and preliminary injunctions. When a proposed order is required to be submitted, it shall be accompanied by envelopes with sufficient postage, addressed to all parties, including a Certificate of Service as follows reflecting the envelopes provided:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY That on this _____ day of ________, 19____, I served true and correct copies of the foregoing ORDER ______________________________ by United States mail, postage prepaid, to the following:
____________________
____________________
____________________
_________________________
Deputy Clerk
(4) If counsel wants conformed copies of any motion, memorandum, or other submission, additional copies shall be provided to the Clerk of Court to be conformed. If filing by mail and a conformed copy of the filed motion, etc., is required, a stamped, addressed envelope must accompany the copy(ies) to be conformed.
(5) Any party, either proposing or opposing a motion or other application, who does not intend to urge or oppose the same shall immediately notify opposing counsel and the Clerk of Court by filing a pleading titled "Non-Opposition to Motion."
(b) Requirements for Submission--Moving Party.
(1) The moving party shall serve and file with the motion or application affidavits required or permitted by Fed. R. Civ. P. 6(d), copies of all photographs and documentary evidence which the moving party intends to rely upon.
(2) Each motion, other than a routine or uncontested matter, shall be accompanied by a separate brief containing all of the reasons and points and authorities relied upon by the moving party. In motions for summary judgment under Fed. R. Civ. P. 56, the moving party will also file a separate statement of all material facts, not to exceed ten (10) pages, upon which the moving party contends are not in dispute.
(3) The moving party may submit a reply brief within fourteen (14) days after service upon the moving party of the responding party’s memorandum of points and authorities.
(c) Requirements for Submission--Responding Party.
(1) The responding party(ies) shall serve and file a response to the motion or application within fourteen (14) days after service upon the party of the memorandum of points and authorities of the moving party.
(2) The responding party(ies) may file a statement of facts which are in dispute not to exceed ten (10) pages in length.
(3) The response brief, clearly identified as a "Response to the Motion __________________________ filed on ______________________" shall contain all of the reasons and points and authorities relied upon by the responding party. The response brief may be accompanied by affidavits, photographs, or any documentary evidence relied upon by the responding party.
(d) Determination of Motions by the Court and Scheduling for
Oral Argument, if Appropriate. (Revision effective March 15, 1998)
(1) After a motion is filed and the appropriate time for the
response and reply has run, a "Notice of Motion Determination Procedure" will be
sent to all parties advising whether or not: (1) the motion will be decided on the written
submissions, (2) whether the motion will be set for hearing on a specific date and time
for oral argument, or (3) whether the motion will be set for hearing at a later date.
The attorneys will be responsible for resolving any conflicts regarding the hearing date
and time. In the event the scheduled date of the hearing conflicts with some other event
that cannot be rescheduled, the moving party will be responsible for contacting opposing
counsel regarding their available dates and times. The moving party will then contact the
courtroom deputy for a new hearing date and time and, if necessary, perform any follow-up
coordination between counsel. If the hearing on the motion has to be rescheduled, the
moving party must prepare and deliver the notice of hearing in the appropriate amount of
time.
(2) Attorneys are encouraged to communicate with the courtroom deputies regarding the status of any motions.
(e) Motions in Removal Cases from State Court. The filing date of the notice of removal will be considered the filing date of all pending motions previously filed in the state court action, unless otherwise ordered by the Court. If a response and/or reply have also been filed in the state court action prior to the filing of the notice of removal, no further response or reply pleadings will be accepted. If a response to the motion has not been filed in the state court action, the response deadline will be fourteen (14) days after the filing of the notice of removal. If a response to the motion was filed in the state court action but a reply to the response has not been filed in the state court action, the reply deadline will be fourteen (14) days after the filing of the notice of removal.
(f) Effects of Failure to Comply with the Rules of Motion Practice. Failure by the moving party to file any documents required to be filed under this rule in a timely manner may be deemed a waiver by the moving party of the pleading or motion. In the event an adverse party fails to file any response documents required to be filed under this rule in a timely manner, such failure may be deemed to constitute a consent to the sustaining of said pleading or the granting of said motion or other application. In addition, the court, upon motion or its own initiative, may impose sanctions in the form of reasonable expenses incurred, including attorney fees, upon the adverse party and/or counsel for failure to comply with this rule.
(g) Requests to Extend Motion Briefing Period or to Vacate or Reschedule Motion Hearing Dates (See D. Id. L. Civ. R. 6.1)
Revised 8/1/97
RELATED AUTHORITY
Fed. R. Civ. P. 5(a), 6(d), 7(b), 78
EX PARTE ORDERS
All applications to a judge of this court for ex parte orders may be made by a party appearing in propria persona or by an attorney of this court. All applications shall be accompanied by a memorandum and/or affidavit outlining the necessity and authority for issuance of the order ex parte. When the opposing party is represented by counsel, the application must recite whether opposing counsel has been notified of the application for an ex parte order or set forth the reasons why opposing counsel has not been notified.
RELATED AUTHORITY
STIPULATIONS
Except as otherwise provided, stipulations shall be recognized as binding only when made in open court or filed in the case. Written stipulations shall not be effective unless approved by the judge or clerk as applicable. A proposed order with copies and stamped, addressed envelopes for each party shall be submitted with every stipulation and shall be filed as separate documents.
All stipulations concerning time extensions for briefing periods or vacating, continuing or rescheduling a motion hearing date or trial date must be in writing and state the specific reason(s). Such stipulations will be approved only upon a showing of good cause. (See D.Id.L.Civ.R 6.1)
Revised 8/1/97
RELATED AUTHORITY
Fed. R. Civ. P. 7(b), 16, 29, 78
SOCIAL SECURITY NUMBER IN SOCIAL SECURITY CASES
Any person seeking judicial review of a decision of the Secretary of Health and Human Services under Section 205(g) of the Social Security Act (42 U.S.C. § 405(g)) shall provide, on a separate paper attached to the complaint served on the Secretary of Health and Human Service, the social security number of the worker on whose wage record the application for benefits was filed. The person shall also state, in the complaint, that the social security number has been attached to the copy of the complaint served on the Secretary of Health and Human Services. Failure to provide a social security number to the Secretary of Health and Human Services will not be grounds for dismissal of the complaint.
RELATED AUTHORITY
NON-CAPITAL CASE HABEAS PETITIONS (STATE CUSTODY)
AND MOTIONS (FEDERAL CUSTODY)
(a) All petitions for writs of habeas corpus in non-capital cases filed pursuant to 28 U.S.C. § 2254 and motions filed pursuant to 28 U.S.C. § 2255 shall be subject to the provisions of this rule unless otherwise ordered by the Court.
(b) The petition or motion shall be in writing and, if presented in propria persona, upon the form and in accordance with the instructions approved by the Court. Copies of the forms and instructions shall be supplied by the Clerk of the Court upon request. Upon receipt of a petition and application to proceed in forma pauperis, the Clerk of the Court shall conditionally file these items subject to the Court's initial review under 28 U.S.C. § 1915.
(c ) Upon completion of the initial review of the conditionally filed petition and application to proceed in forma pauperis, if the Court deems it proper to proceed under 28 U.S.C. § 1915, the Clerk of the Court shall be directed to serve the appropriate attorney general's office with the petition. Counsel for the respondent shall be responsible for filing an answer to the petition and for filing those portions of the record ordered by the Court.
(d) If the petitioner had previously filed a petition for relief or for a stay of enforcement in the same matter in this Court, then, where practicable, the new petition shall be assigned to the judge who considered the prior matter.
(e) If relief is granted on the petition of a state prisoner, the Clerk of the Court shall forthwith notify the state authority having jurisdiction over the prisoner of the action taken.
RELATED AUTHORITY
Rules Governing Section 2254 Cases in United States District Courts
Rules Governing Section 2255 Cases in United States District Courts
SPECIAL REQUIREMENTS FOR HABEAS CORPUS PETITIONS
INVOLVING THE DEATH PENALTY
(a) Applicability. This rule shall govern the procedures for a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in which a petitioner seeks relief from a judgment imposing the penalty of death. The application of this rule may be modified by the judge to whom the petition is assigned. These rules shall serve to supplement the Rules Governing Section 2254 Cases in United States District Court and do not in any way alter or supplant those Rules.
(b) Counsel.
(1) Appointment of Counsel. Each indigent capital case petitioner shall be represented by counsel unless petitioner has clearly elected to proceed pro se and the Court is satisfied, after a hearing, that petitioner's election is knowing and voluntary. Unless petitioner is represented by retained counsel, counsel shall be appointed in every such case at the earliest practicable time.
(2) Qualifications of Appointed Counsel. Upon application by petitioner for the appointment of counsel, the court shall appoint the Capital Habeas Unit of the Federal Defenders of Eastern Washington and Idaho as lead counsel. Upon request of the Capital Habeas Unit, the court shall also appoint an attorney from the Criminal Justice Act (CJA) Capital Habeas Panel as second counsel. In the event of conflicts, existing workload, or other special factors, the Capital Habeas Unit is unable to provide representation it shall recommend the attorneys from the CJA Capital Habeas Panel to be appointed. The Court will either accept the recommendation or select other attorneys from the CJA Capital Habeas Panel.
When an application for the appointment of counsel is made before a petition for writ of habeas corpus has been filed, the application shall be assigned to a district judge in the same manner that a petition would be assigned.
(c) Initial Proceedings and Request for a Stay of Execution. Upon the issuance of a death warrant by a state district court, and following the courts' decisions on a petitioner's direct appeal to the Idaho Supreme Court and application for writ of certiorari to the United States Supreme Court, if any, a petitioner may seek relief from a capital sentence in this Court by filing a petition for writ of habeas corpus.
(1) Initiation of Habeas Corpus Proceedings. Federal habeas corpus proceedings may be initiated in this Court by a petitioner or on behalf of a petitioner by filing an original and one copy of the following:
(a) Application for a stay of execution.
(b) Application to proceed in forma pauperis with a supporting affidavit. (Not required if petitioner has retained counsel.)
(c) Application for the appointment of counsel or to proceed pro se. (Not required if petitioner has retained counsel.)
(d) Statement of issues re: petition for writ of habeas corpus.
(2) Statement of Issues. The statement of issues re: petition for writ of habeas corpus shall:
(a) state whether petitioner has previously sought relief arising out of the same matter from this or any other federal court, together with the ruling and reasons for denial of relief;
(b) state that petitioner intends to file a petition for writ of habeas corpus;
(c) list the issues to be presented in the petition for writ of habeas corpus; and
(d) certify that the issues outlined raise substantial questions of constitutional law, are non-frivolous, and are not being raised simply for the purpose of delay.
(3) Receipt of Initial Filings by the Court. Upon receipt of the initial filings, the Clerk of the Court shall immediately assign the matter to a district judge who shall immediately review the filings and, if the matter is found to be properly before the Court, the Court will issue an order containing a stay of execution for the duration of the proceedings in this Court, a ruling on the application to proceed in forma pauperis, a ruling on the application for the appointment of counsel, and setting forth an initial scheduling order of deadlines for the filing of a final petition for writ of habeas corpus.
(4) Notice of Stay. Upon the granting of any stay of execution, the Clerk of the Court will immediately notify the following: counsel for the petitioner, the Idaho Attorney General, the warden of the Idaho Maximum Security Institution, and, when applicable, the Clerks of the Idaho Supreme Court and the Ninth Circuit Court of Appeals shall also be notified.
The Idaho Attorney General is responsible for providing the Clerk of the Court with a telephone number where he or she or a designated deputy attorney general can be reached twenty-four (24) hours a day.
(5) Temporary Stay for Unexhausted Claims. If a petition is found to contain unexhausted claims for which a state remedy may still be available, the Court may:
(a) dismiss the petition without prejudice; or
(b) upon motion, grant a petitioner's request to withdraw the unexhausted claims from the petition, and grant a temporary stay of execution in which to allow a petitioner to seek a further stay from the state court in order to litigate the unexhausted claims in state court. During the proceedings in state court, the proceedings on the petition will be stayed. After the state court proceedings have been completed, petitioner may amend the petition with respect to the newly exhausted claims.
(d) Pleadings, Motions and Briefs.
(1) Caption. Every pleading, motion, or other application for an order from the Court which is filed in these matters shall contain a notation in the caption which indicates that it is a capital case. The notation "CAPITAL CASE" shall appear in bold, capital letters to the right of the case entitlement and directly beneath the Case Number. The following is provided as an example:
UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO
JOHN DOE, )
) Case No.:
Petitioner. )
) CAPITAL CASE
vs. )
) APPLICATION FOR
A. J. ARAVE, ) STAY OF EXECUTION
)
Respondent. )
(2) Motion Practice. Unless this rule or an order of the court provides otherwise, motion practice shall comply with the applicable local rules of the Court.
(3) Form of Briefs. Except by permission of the Court, no brief may be filed that is not permitted by this rule or the applicable local rules of the Court.
(4) Length of Briefs.
(A) Except by permission of the Court, briefs in support of and in opposition to motions and the assertion of the procedural default bar shall be no longer than thirty (30) pages. If a reply brief is permitted, it shall be no longer than fifteen (15) pages.
(B) Except by permission of the Court, principal briefs addressing the merits of the claims set forth in the petition, shall be no longer than sixty (60) pages, and the reply brief shall be no longer than twenty five (25) pages.
A motion for permission to exceed page limits must be filed on or before the brief's due date and must be accompanied by a declaration stating in detail the reasons for the motion.
(e) Procedures for Considering the Petition for Writ of Habeas Corpus. Unless the petition is summarily dismissed, the following schedule and procedures shall apply, subject to modification in the discretion of the assigned district judge. Requests for extensions of any time period shall be made in compliance with the applicable local rules of the Court.
(1) State Court Record. The respondent shall, as soon as practicable after the initiation of the habeas corpus proceeding, but in any event within twenty (20) days from the filing of the petition, lodge with the court one copy of the following:
(A) Transcripts of the state court proceedings.
(B) Clerk’s records to the state court proceedings.
(C) The briefs filed on consolidated appeal to the Idaho Supreme Court and on any petition for rehearing.
(D) Copies of all motions, briefs and orders in any post-conviction relief proceeding.
(E) An index to all materials described in paragraphs (A) through (D) above.
If any items required to be lodged in paragraphs (A) through (D) above are not available, respondent shall so state and indicate when, if at all, such missing material(s) will be lodged.
If counsel for petitioner claims that the respondent has not complied with the requirements of this section, or if petitioner does not have copies of all of the documents lodged with the Court, petitioner shall immediately notify the court in writing with a copy to the respondent. Copies of any missing documents shall be provided to petitioner by the respondent.
(2) Petition for Writ of Habeas Corpus. Petitioner shall file a petition for writ of habeas corpus no later than the date set in the Court’s scheduling order.
(3) Exhaustion. If respondent intends to challenge the exhausted status of any claim in the petition, respondent shall file an appropriate motion no later than ten (10) days after the date the petition is filed. Petitioner will have ten (10) days after such motion is filed within which to file a response. The court will take the matter under submission, without oral argument.
(4) Answer. If respondent does not intend to challenge the exhausted status of any claim in the petition, or is willing to waive exhaustion, respondent shall file an answer to the petition within thirty (30) days from the date the petition is filed. Any relevant documents not already filed or lodged with the court shall be attached to the answer.
(5) Traverse. Within thirty (30) days after respondent has filed the answer, petitioner may file a traverse.
(6) Procedural Default. If the respondent intends to rely on the procedural default doctrine to bar any claim in the petition, respondent shall state so in the answer. Petitioner will have thirty (30) days from the filing of the answer within which to file a brief containing all the reasons in opposition to the procedural default bar and legal authorities relied upon. Respondent will have twenty (20) days after the brief of petitioner is filed within which to file a response brief. Petitioner will have ten (10) days after the response brief is filed within which to file a reply brief. The court will take the matter under submission, without oral argument.
(7) Evidentiary Hearing. Any motion for an evidentiary hearing shall be made within sixty (60) days from the filing of the answer. The motion shall include a specification of which factual issues require a hearing.
If an evidentiary hearing is held, the court will order the preparation of a transcript of the hearing, which is to be provided to petitioner and respondent for use in briefing and argument. Upon the preparation of the transcript, the court may establish a reasonable schedule for further briefing and argument of the issues considered at the hearing.
(8) Discovery. No discovery shall be had without leave of the court.
(9) Oral argument. Unless otherwise provided, motions and applications shall be submitted and determined upon the pleadings, briefs and record. The Court, at its discretion, may hear oral argument on the merits of the claims set forth in the petition.
(10) Motions for Reconsideration. A motion for reconsideration may be filed within ten (10) days after the date an order was filed. The motion must state with particularity the points of law or fact which in the opinion of the party the court has over-looked or misapprehended and must contain such argument in support of the motion as the party desires to present. No response to a motion for reconsideration may be filed unless requested by the Court. Oral argument in support of the motion will not be permitted.
(f) Notification of Court's Decision or Ruling. The Court will issue its decision or ruling on the issues set forth in the final petition in writing.
The Clerk of the Court will immediately notify the counsel for the petitioner, the Idaho Attorney General, the warden of the Idaho Maximum Security Institution, and the Clerk of the Idaho Supreme Court of the Court's decision or ruling on the merits of the petition.
The Clerk of the Court will immediately notify the Clerk of the United States Court of Appeals for the Ninth Circuit, and if applicable, the Clerk of the United States Supreme Court, by telephone of:
(1) the issuance of a final order denying or dismissing a petition without a certificate of appealability; and
(2) the denial of a stay of execution.
If the petition is denied and a certificate of appealability is issued, then the Court will grant a stay of execution which will continue in effect until the Ninth Circuit Court of Appeals acts upon the appeal or the order of stay.
When a notice of appeal is filed, the Clerk of the Court shall immediately transmit the record to the Clerk of the United States Court of Appeals for the Ninth Circuit.
Revised 8/1/97
RELATED AUTHORITY
Rules Governing Section 2254 Cases in United States District Courts
Idaho Code Appellate Rule 25(a)(7) (1987)
FORM OF A MOTION TO AMEND AND ITS SUPPORTING DOCUMENTATION
(a) Amended Pleadings. A party who moves to amend a pleading shall include the portion of the proposed amended pleading in the motion. Any amendment to a pleading, whether filed as a matter of course or upon a motion to amend, shall reproduce the entire pleading as amended. A failure to comply with this rule is not grounds for denial of the motion.
(b) Supplemental Pleadings. (See Fed. R. Civ.P. 15(d)
Revised 8/1/97
RELATED AUTHORITY
PRE-TRIAL PROCEDURES
(a) Scheduling Conference. Unless otherwise ordered by the Court, or in those cases exempted as inappropriate, a scheduling conference will be conducted and an order issued in all civil cases within 90 days after the appearance of a defendant and within 120 days after the complaint has been served on a defendant. The Court, in its discretion, may use telephonic hearings for this purpose. The Court will notify all parties of the date and time of the scheduling conference.
Ten (10) days prior to the scheduling conference, attorneys will be required to communicate between themselves with respect to the issues, cut-off dates and time frames contained on the scheduling conference form/litigation plan, obtainable from the Clerks Office. These include:
(A). Joinder of parties & amendment of pleadings cut-off date;
(B). Pretrial disclosures; (see D.Id.LR 26.2(c))
(C). Expert testimony disclosures; (see D.Id.L Civ.R 26.2(b))
(D). Number and length of depositions;
(E). Discovery cut-off date;
(F). Dispositive motions filing cut-off date;
(G). Alternative Dispute Resolution (ADR)
1. Settlement Conferences (D. Id. L. Civ. R 16.2)
2. Arbitration (General Order 92)
3. Mediation (General Order 130)
(H). Status conference date; (see D.Id.LR 16.1(b))
(I). Pretrial conference date; (to be entered by the Court)
(J). Estimated length of trial
(K). Trial date (to be entered by Court)
The courtroom deputy for the assigned judge will contact the attorneys to set a date and time for the scheduling conference. Attorneys will be required to submit an executed copy of the scheduling conference form/litigation plan to the Court no later than 7 days prior to the scheduling conference.
After the scheduling conference, the Court will prepare and enter an order which will provide time frames and dates for the items contained on the scheduling form. Upon the Court's determination, certain cases will be exempt from those requirements and the parties will be so notified.
(b) Status Conference. At any time after the commencement of an action, the assigned judge may, with or without written request of any party, order the holding of a status conference. Status conferences may be telephonic or in person. All parties shall be prepared to discuss any particular subjects specified in the status conference notice, in addition to the following:
(1) Service of process on parties not yet served;
(2) Jurisdiction and venue;
(3) Anticipated motions;
(4) Anticipated or remaining discovery;
(5) Further proceedings including setting dates for discovery cutoff, pretrial, and trial;
(6) Appropriateness of special procedures such as reference to a master or magistrate judge or the Judicial Panel on Multidistrict Litigation or the application of the Manual for Complex Litigation;
(7) Modification of the pretrial procedure specified by this rule on account of the relative simplicity or complexity of the action or proceeding;
(8) Prospects for settlement;
(9) Appropriateness of reference to an Alternative Dispute Resolution (ADR) program.
(10) Any other matters which may be conducive to the just, efficient, and economical determination of the action or proceedings.
At the conclusion of the status conference, or anytime thereafter, the assigned judge or magistrate judge may enter such order governing further proceedings in the action as he or she may deem appropriate, including provision for discovery and pretrial motions cut-off dates, initiation of pretrial proceedings, motions in limine deadlines, and trial settings. Copies of any such orders shall be served on all parties who have appeared in the action or proceeding.
A status conference may be utilized separately or in conjunction with a discovery conference provided for in Fed. R. Civ. P. 26(f).
(c) Pretrial Statement. Except as otherwise provided by a status conference order prepared under the rules or by stipulation of all parties approved by the assigned judge, the parties shall, not less than five (5) days prior to the date of the pretrial conference, serve and file separate pretrial statements, which shall follow the form and contain the information specified in this rule:
(1) Party. The names of the parties or party in whose behalf the statement is filed.
(2) Jurisdiction and Venue. The claimed statutory basis of federal jurisdiction and venue and a statement as to whether any party disputes jurisdiction or venue.
(3) Substance of the Action. A brief description of the substance of the claims and defenses presented.
(4) Undisputed Facts. A plain and concise statement of all material facts not reasonably disputable. Counsel are expected to make a good faith effort to stipulate to all facts not reasonably disputable for incorporation into the trial record without the necessity of supporting testimony or exhibits.
(5) Disputed Factual Issues. A plain and concise statement of all disputed factual issues.
(6) Relief Prayed. A detailed statement of the relief claimed, including an itemization of all elements of damages claimed.
(7) Points of Law. A concise statement of each disputed point of law with respect to liability and relief. Reference shall be made to statutes and decisions relied upon, but extended legal argument is not to be included in the pretrial statement.
(8) Witnesses to be Called. A list of all witnesses likely to be called at trial, except for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given.
(9) Exhibits, Schedules and Summaries. A list of all documents and other items to be offered as exhibits at the trial, except for impeachment or rebuttal, with a brief statement following each describing its substance or purpose and the identity of the sponsoring witness.
(10) Further Discovery or Motions. A statement of all remaining discovery or motions.
(11) Stipulations. A statement of stipulation requested or proposed for pretrial or trial purposes.
(12) Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims, or defenses.
(13) Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive.
(14) Agreed Statement. A statement as to whether presentation of the action or proceeding, in whole or in part, upon an agreed statement of facts, is feasible and desired.
(15) Bifurcation, Separate Trial of Issues. A statement whether bifurcation, or a separate trial of specific issues, is feasible and desired.
(16) Reference to Magistrate Judge or Master. A statement whether reference of all or a party of the action or proceeding to a magistrate judge or master is feasible and desired.
(17) Appointment and Limitation of Experts. A statement whether appointment by the court of an impartial expert witness, or limitation of the number of expert witnesses, is feasible and desired.
(18) Trial Date. Except where the trial date has been previously set, a statement of the proposed trial date.
(19) Estimate of Trial Time. An estimate of the number of court days expected to be required for the presentation of each party's case. Counsel are expected to make a good faith effort to reduce the time required for trial by all means reasonably feasible, including stipulations, agreed statement of facts, expedited means of presenting testimony and exhibits, and the avoidance of cumulative proof.
(20) Claims of Privilege or Work Product. A statement indicating whether any of the matters otherwise required to be stated by this rule are claimed to be covered by the work product or other privilege. Upon such indication, such matters may be omitted subject to further order at the pretrial conference.
(21) Miscellaneous. Any other subjects relevant to the trial of the action or proceeding, or material to its just, efficient, and economical determination.
(d) Pretrial Order, Submission of Pretrial Material. The assigned judge or magistrate judge may make such pretrial order or orders, at or following the pretrial conference, as may be appropriate. Such order shall control the subsequent action or proceeding as provided in Fed. R. Civ. P. 16. Unless otherwise ordered, the parties shall, not less than fourteen (14) calendared days prior to the date on which the trial is scheduled to commence:
(1) Serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues, setting forth briefly the parties' positions and the supporting arguments and authorities.
(2) In jury cases, serve and file proposed jury instructions and form of verdict in conformance with these rules.
(3) Serve and file statements designating excerpts from depositions (specify the witness and page and line reference), from interrogatory answers, and from responses to requests for admissions, to be offered at the trial other than for impeachment or rebuttal.
(4) Exchange copies of all exhibits to be offered and all schedules, summaries, diagrams, and charts to be used at the trial, other than for impeachment or rebuttal.
(5) On a standard form, obtainable from the Clerk of Court, all parties shall furnish a list of their intended trial exhibits. In addition to physical and documentary exhibits, this list will include any deposition or document containing answers to interrogatories and requests for admissions to be offered or used in trial. The completed exhibit list shall contain a brief description of each intended trial exhibit. To the extent possible, exhibits are to be listed in the sequence in which the parties propose to offer them. No exhibit is to be assigned a number without first contacting the clerk. After assignment of numbers, the exhibit list is to be furnished to the opposing party or parties and three copies submitted to the clerk. Each party shall also prepare sufficient copies of their documentary exhibits to provide copies to the opposing party or parties. Additionally, each party must lodge with the clerk an original and two copies of their documentary trial exhibits. All copies shall be bound with metal paper fasteners and tabulated for marking.
Each party appearing shall present to the clerk their intended trial exhibits, except for impeachment and rebuttal materials. This will include depositions, answers to interrogatories, and requests for admissions, as well as all other documents and things intended to be used or offered by such party as trial exhibits.
If, however, a pretrial order is filed in lieu of a pretrial conference, the exhibits must be lodged with the clerk ten (10) days prior to the date of the trial. Finally, when presented to the clerk, the exhibits shall be in the same sequence as they appear on the exhibit list, but shall not be assigned a number without first contacting the clerk. In complying with this rule, counsel may discuss the matter and obtain assistance from the judge's law clerk and/or the judge's courtroom deputy.
Revised 8/1/97
RELATED AUTHORITY
SETTLEMENT CONFERENCES
(a) After the completion of factual discovery and the disclosure of expert witnesses, the attorneys will be required to meet or communicate between themselves and make a good faith effort to clarify and narrow issues, attempt to resolve certain disputed matters, and seriously explore the possibility of settlement.
Subsequent to the required meeting between counsel, if a party sincerely believes that a court-involved settlement conference would be valuable, that party may request a judicially-conducted settlement conference. The Court, in its discretion, will determine whether, under the circumstances, a judicial settlement conference could be productive.
(b) At any time after an action or proceeding is at issue, any party may file a request for, or the assigned judge on his or her own initiative may order, a settlement conference. The settlement conference may be ordered held in conjunction with any status or pretrial conference or independent thereof. Such conference may be held before the assigned judge, or at the request of a party, or again on the assigned judge's own motion, before such other judge or magistrate judge (hereafter the settlement judge) as may be designated for the purpose.
( c) The settlement judge before whom the settlement conference is scheduled may enter an order establishing an agenda and time schedule for the conference which may include, but not be limited to:
(1) The requirement that each party to such conference be represented by counsel authorized to participate in settlement negotiations;
(2) The principals to the litigation be in attendance or available by telephone;
(3) The representatives of all involved carriers be in attendance or available by telephone where insurance coverage is being provided;
(4) The counsel for each party, each representative of a party, and each representative of an insurance carrier be knowledgeable about the facts of the case and be prepared to candidly discuss the same with the settlement judge;
(5) Each party prepare and submit to the settlement judge, in camera, a candid and fair written summation of the facts as understood by that party.
(6) All information provided to the settlement judge shall be held in confidence and all written material submitted shall be returned to the submitting party upon termination of the settlement proceedings. No oral statement, written document, or other material considered during the settlement procedure may be used against any party in litigation; and
(7) The settlement conference may be continued from time to time until settlement is reached or the settlement judge determines that the settlement conference should be terminated.
Revised 8/1/97
RELATED AUTHORITY