TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 40, N.D.R.Civ.P., Assignment of Cases for Trial
Under a system of commencement by filing, a Rule 16 scheduling conference would take place in most cases: if the triggering events system is retained, the scheduling conference would occur if the case was unresolved 6 months after filing; if a federal Rule 16 model is adopted, the scheduling conference would occur on the heels of the discovery and planning conference.
Because scheduling of the trial is a major component of a Rule 16 scheduling conference, it may not be necessary to the retain the note of issue/certificate of readiness requirement under commencement by filing. Therefore, amendments to Rule 40(b) that would eliminate this requirement are attached.
The Committee may wish to discuss whether there would be any reasons to retain the note of issue/certificate of readiness requirement under a system where scheduling conferences would be common.