§ Rule 16 Pretrial Procedure in the Superior Court

Rule 16. Pretrial Procedure in the Superior Court

(a) Case Management.

(1) Standard Scheduling Order. Unless otherwise ordered by the court, after the filing of the answer in any civil action in the Superior Court other than proceedings pursuant to Rule 80, 80B or 80C, the court shall enter a standard scheduling order setting deadlines for a conference of counsel concerning discovery, the joinder of additional parties, the exchange of expert witness designations and reports, the scheduling and completion of an alternative dispute resolution conference when required by Rule 16B, the completion of discovery, the filing of motions, and the placement of the action on the trial list. The standard scheduling order shall not be modified except in accordance with Rule 16(a)(2) or on motion for good cause shown. The joinder of additional parties after the standard scheduling order has issued shall not require a modification of the scheduling order except on motion for good cause shown.

(2) Modified Scheduling Order. On motion by a party filed within 30 days of the entry of the standard scheduling order, or at any time on the court's own initiative, the standard scheduling order may be modified or supplemented to address the requirements of a case not addressed by the standard scheduling order. The court, after conferring with the parties and considering the nature of the case, may in the modified or specialized scheduling order establish deadlines, schedules, and other orders for the efficient preparation of the case for trial. Once entered, the modified scheduling order shall not be further modified except for good cause shown.

(b) Pretrial Order and Trial Management Conference. Unless the court has ordered otherwise when the action is placed on the trial list, the court shall enter a pretrial order setting deadlines for final pretrial filings and settlement discussions. The pretrial order shall be issued not later than 30 days prior to the commencement of the trial session and shall not be modified except on motion for good cause shown. On motion of a party or on its own motion, the court may defer the pretrial order and order the parties to file pretrial memoranda, briefs or such other filings as the court may direct. The court may conduct a trial management conference. Unless excused for good cause, each party shall be represented at the trial management conference by the attorney who is to conduct the trial and who shall be prepared to represent the party's position on settlement and on all matters involved in the conduct of the trial. At the trial management conference, the parties shall be prepared and authorized to discuss settlement in good faith. The court may conduct a settlement conference and may direct the parties, their insurers, and their authorized representatives to appear at the settlement conference and to participate in good faith.

(d) Sanctions. If a party fails to comply with the requirements of this rule or any order made hereunder, the court may impose upon the party or the party's attorney, or both, such sanctions as the circumstances warrant, which may include the dismissal of the action or any part thereof with or without prejudice, the default of a party, the exclusion of evidence at the trial, and the imposition of costs including attorney's fees and travel. The court may expressly order that the costs of sanctions be borne by counsel and not paid by counsel's client.