APPENDIX F. RULE 8.8 ALTERNATIVE DISPUTE RESOLUTION STATEMENT
|STATE OF NORTH DAKOTA||IN DISTRICT COURT|
|COUNTY OF ______||_____ JUDICIAL DISTRICT|
|A.B.,||)||Civil No. ________|
|)||AND SCHEDULING INFORMATION|
a. ALTERNATIVE DISPUTE RESOLUTION ("ADR") PROCESS (check one):
____ Counsel, after discussing ADR with their clients, agree that ADR is appropriate and choose the following:
____ Arbitration (non-binding)
____ Arbitration (binding)
____ Court-Sponsored Settlement Conference
____ Other (explain) __________________________________________
____ Counsel, after discussing ADR with their clients, agree that ADR is NOT appropriate because:
____ the case implicates the federal or state constitution
____ domestic violence has occurred between the parties
____ other (explain) ___________________________________________
____ Counsel, after discussing ADR with their clients, have determined that it is not possible to state at this time whether ADR is appropriate. Counsel agree that they will file a statement with the Court on whether ADR is appropriate no later than .
b. PROVIDER (check one):
____ The parties have selected the following ADR neutral: _____________________________________________________________
____ The parties would like ADR conducted by a judicial officer or employee and request the Court to appoint one. The parties request that the Court schedule such ADR within the following time frame: .
____ The parties cannot agree on an ADR neutral and request the Court to appoint one.
____ The parties agreed to select an ADR neutral on or before _____________________________________________________________
c. DEADLINE: The parties recommend that the ADR process be completed by ________ _________________________________________________________.
d. INFORMATION FOR SCHEDULING ORDER:
The following information must be provided whether or not parties will enter into ADR (check one):
____ The parties are unable to provide scheduling information at this time. The parties agree to provide scheduling information no later than .
____ The parties cannot agree on deadlines in this matter. The parties request that a pretrial scheduling conference be set no later than .
____ The parties suggest the following dates be used in a scheduling order in this matter:
1. The parties will complete factual discovery by____________________.
2. The parties will move to join any additional parties by________________.
3. The parties will move to make any amendments to pleadings by_____________.
4. The parties will identify expert witnesses by____________________.
5. All dispositive motions (motions to dismiss, for summary judgment, for qualified immunity, etc.) will be filed by____________________.
6. All non-dispositive motions (motions for consolidation or bifurcation, motions in limine, etc.) will be filed by_______________________.
7. Depositions of expert witnesses will be completed by_________________.
8. The parties will be ready for trial by_________________.
9. The trial is expected to last__________________.
|Signed: _______________________||Signed _______________________|
|Lawyer for (Petitioner)||Lawyer for (Respondent)|
|Attorney ID #: _______________||Attorney ID #:________________|
|Firm: _____________________________||Firm: _____________________________|
|Address: _______________________||Address: ___________________________|
|Telephone: __________________________||Telephone: _______________________|
|Date: _________________________||Date: ______________________________|
[Adopted effective March 1, 2001; amended effective__________.]