TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 5, 2016
RE: Rule 16, N.D.R.Civ.P., Pretrial Conferences; Scheduling; Management
Proposed amendments to Rule 16 based on the December 1, 2015, amendments to Fed.R.Civ.P. 16 are attached. There are major differences between N.D. Rule 16 and the federal rule so the amendments have been integrated into the proposal in what seem like the most appropriate spots.
The first amendment is on line 16 and adds preservation of electronically stored information to the list of topics at a pretrial conference. The next amendment is on lines 71-72 and requires a party moving for a discovery order to request a conference with the court before filing the motion. The committee may wish to discuss whether this would be practicable in state court cases. The federal comments say that a conference can be a more efficient way to resolve discovery issues, but it also says actually having a conference is not mandatory under the amendment language granting the request is within the court's discretion.