TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 7, 2008
RE: Rule 16, N.D.R.Civ.P., Pretrial Conferences, Scheduling, Management
Staff has prepared amendments to Rule 16 consistent with the federal form and style amendments. The amendments are intended make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
N.D.R.Civ.P. 16 is different than the federal rule, and the proposed amendments are drafted to preserve its unique elements. At the same time, in order to make the rule flow better, the organization of the rule has been changed using the federal rule as a model.
One notable change seen in the proposal is the elimination of some of the assorted names the rule used to label a pretrial conference. Instead, two types of conference are designated: a scheduling conference and a final pretrial conference. The term "scheduling conference" is intended to apply to any conference under the rule held before the final pretrial conference. The Committee may wish to discuss whether there is a better name for this kind of conference.
The Rule 16 proposal is attached.