TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 16, N.D.R.Civ.P., Pretrial Conferences, Scheduling, Management
There are two versions of Rule 16 included in the materials for the Committee's consideration.
The first version is minimalist. It retains the existing "triggering events" system for scheduling conferences. Rule 16(b) would be amended to delete a paragraph referring to complaints and answers served prior to filing.
The second version, labeled alternate draft, is modeled on the federal rule. It would implement, through amendments to Rule 16(b), a system of mandatory scheduling conferences such as those that exist in federal civil cases.
Judge Geiger pointed out at the January meeting that one of the main advantages of commencement by filing is that it allows the court to play a more active role in civil cases. The Committee may wish to discuss which Rule 16 option would provide the preferred level of court involvement.