TO: Joint Procedure Committee
FROM: Andy Forward
DATE: July 2, 2010
RE: Rule 16, N.D.R.Civ.P., Pretrial Conferences; Scheduling; Management
Committee member Bruce Quick forwarded an email from attorney John Petrik to staff regarding Mr. Petrik's comments on Rule 16.
Mr. Petrik requests that Rule 16 be amended to require a trial date be set at the Rule 16 conference. He says the rule does not specifically say that a judge will schedule the trial at the scheduling conference even though it seems to be implied. Mr. Petrik gave an example of a recent scheduling conference when the judge did not set a trial date. The judge suggested that if the case hadn't settled in 4 or 5 months, then a trial would be scheduled.
The Committee may wish to amend the rule based on Mr. Petrik's comments. Staff did not propose an amendment to the rule. One possible place for an amendment would be in subdivision (c) Attendance and Matters for Consideration at a Pretrial Conference , on lines 28-83.
A copy of Mr. Petrik's email and Rule 16, as previously amended by the Committee, are attached.