ADMINISTRATIVE RULE X. CIVIL CASE MANAGEMENT
Section 1. Scheduling Conference Required
- Pre-conference Activities - Order
A scheduling conference under N.D.R.Civ.P. 16(b) must be conducted in all civil actions listed in Appendix A. Prior to the scheduling conference, the parties must meet as required by N.D.R.Civ.P. 26(f).
A. In all civil actions listed on Appendix A, a scheduling conference, which may be conducted telephonically, must be held within 90 days of the filing of the action unless the action has been previously scheduled for final disposition. Participation in the conference is mandatory. The attorneys should be prepared to develop a case management plan that will facilitate the just, speedy, and inexpensive disposition of their case. B. Before the scheduling conference, the attorneys will be required to meet and discuss as many of the subjects enumerated in N.D.R.Civ.P. 16(b) as may be applicable. Following their meeting, the attorneys will be prepared to advise the Court at the scheduling conference of agreed upon deadlines for: (1) joining additional parties; (2) amending the pleadings; (3) identification of expert witnesses, the subject matter on which the expert is expected to testify, the substance of the facts and opinion to which the expert is expected to testify and a summary of the grounds for each opinion; (4) exchange of witness and exhibit lists; (5) completion of discovery; (6) completion of agreed-upon means of alternative dispute resolution; (7) filing dispositive and non-dispositive motions; (8) conducting a pretrial conference or conferences; (9) conducting the trial of this case within the time frame allowed by Administrative Rule 12; (10) assignment of the case to the complex track, standard track, or expedited track; and, (11) completing any other task necessary to move the case toward final resolution. C. Upon the conclusion of the scheduling conference, the Court will issue a scheduling order setting the deadlines agreed upon at the scheduling conference. D. Failure to comply with the scheduling order subjects the noncomplying party to any of the sanctions authorized by N.D.R.Civ.P. 37(b)(2)(B), (C), (D) and (G). In addition, the Court must require the noncomplying party or the attorney representing that party, or both, to pay the reasonable expenses, including attorney's fees, incurred because of any noncompliance with the scheduling order, unless the Court finds that noncompliance was substantially justified or that other circumstances make an award of expenses unjust.
Section 2. Procedure for Track Assignment
A. As part of the N.D.R.Civ.P. 16 (f)
Each action filed will be assigned at the scheduling conference process, each action listed in Appendix A must be assigned to the complex track, the standard track, or the expedited track in accordance with the criteria of the under this rule. The Court district court may advance or delay the time of the assignment, but in no event, should the track assignment precede must not be made before the filing of the first responsive pleading in the case. If all attorneys parties agree as to the appropriate a track assignment, the Court district court should must not designate a different track except for good cause.
1. Complex Track. An action
ordinarily will must be assigned to the complex track for individual judicial management if it appears likely that the case will require a disproportionate substantial expenditure of court and litigant resources in its preparation and trial because of the number of parties involved, the number of claims and defenses raised, the legal difficulty of the issues presented, the factual difficulty of the subject matter, or a combination of these or other factors.
2. Standard Track. An action not qualifying for assignment to the complex track or expedited track must be assigned to the standard track.
All personal Personal injury cases are presumptively assigned to the standard track.
3. Expedited Track. An action must
ordinarily be assigned to the expedited track if it appears that, it can be promptly tried with minimal pretrial discovery and other pretrial proceedings. Commercial matters in which liquidated damages are sought, such as book accounts, collection of bills and notes, and actions involving secured transactions must be are presumptively assigned to the expedited track subject to re-assignment as herein provided.
Section 3. Time of Completion
Except for good cause shown, all proceedings must be completed
in accordance with the terms of the scheduling order or orders and as follows:
A. In actions assigned to the complex track, the case must be completed and judgment entered within 24 months of the date the complaint was filed.
B. In actions assigned to the standard track, the case must be completed and judgment entered within 12 months of the date the complaint was filed.
C. In actions assigned to the expedited track, the case must be completed and judgment entered within six months of the date the complaint was filed.
All requests to deviate from this schedule must be made by motion, which must be
promptly filed as soon as the grounds are known. The motion will be granted for good cause shown. Stipulations to enlarge the time for completion of the case will not be recognized except for good cause shown.
TERMINATION OF PARENTAL RIGHTS
CONDEMNATION (EMINENT DOMAIN)
CHANGE OF NAME
FORMAL PROBATE OF WILL
INFORMAL PROBATE OF WILL