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Rule16. Pretrial conferences.

(a)Pretrial conferences. The court, in its discretion orupon motion, may direct the attorneys and, when appropriate, the parties toappear for such purposes as:

(a)(1) expediting the dispositionof the action;

(a)(2) establishing early andcontinuing control so that the case will not be protracted for lack ofmanagement;

(a)(3) discouraging wastefulpretrial activities;

(a)(4) improving the quality ofthe trial through more thorough preparation;

(a)(5) facilitating mediation orother ADR processes for the settlement of the case;

(a)(6) considering all matters asmay aid in the disposition of the case;

(a)(7) establishing the time tojoin other parties and to amend the pleadings;

(a)(8) establishing the time tofile motions;

(a)(9) establishing the time tocomplete discovery;

(a)(10) extending fact discovery;

(a)(11) setting the date forpretrial and final pretrial conferences and trial;

(a)(12) provisions providing forthe preservation, disclosure or discovery of electronically stored information;

(a)(13) considering anyagreements the parties reach for asserting claims of privilege or of protectionas trial-preparation material after production; and

(a)(14) considering any otherappropriate matters.

(b)Trial settings. Unless an order sets the trialdate, any party may and the plaintiff shall, at the close of all discovery,certify to the court that discovery is complete, that any required mediation orother ADR processes have been completed or excused and that the case is readyfor trial. The court shall schedule the trial as soon as mutually convenient tothe court and parties. The court shall notify parties of the trial date and ofany final pretrial conference.

(c)Final pretrial conferences. The court, in its discretion orupon motion, may direct the attorneys and, when appropriate, the parties toappear for such purposes as settlement and trial management. The conferenceshall be held as close to the time of trial as reasonable under thecircumstances.

(d)Sanctions. If a party or a party's attorneyfails to obey an order, if a party or a party's attorney fails to attend aconference, if a party or a party's attorney is substantially unprepared toparticipate in a conference, or if a party or a party's attorney fails toparticipate in good faith, the court, upon motion or its own initiative, maytake any action authorized by Rule 37(b).

Advisory Committee Notes