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scheduling_conference [2016/03/06 10:35] – IDs Janet Carlos Pedraza | scheduling_conference [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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====== Scheduling Conference ====== | ====== Scheduling Conference ====== | ||
+ | {{TOC}} | ||
{{page> | {{page> | ||
- | On March 4, 2016, federal [[Judge R. Gary Klausner]] issued a standard pre-trial order setting a **scheduling conference** on May 9, at which the two sides must agree on a plan for {!discovery:pre-trial process for gathering evidence in a legal case}}, and agree on one of several | + | On March 4, 2016, federal [[Judge R. Gary Klausner]] issued a [[discovery# |
+ | {{page> | ||
- | [[Discovery]] plans are due on April 18, three weeks before | + | Both sides submitted initial |
According to attorney Janet Gershen-Siegel, | According to attorney Janet Gershen-Siegel, | ||
- | * Filing a joint statement to the court no later than April 25 that includes | + | * Filing a [[joint statement]] to the court including |
- | * Plaintiffs "to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date."<wrap hi> That includes, potentially, | + | * Plaintiffs "to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date." |
- | * The notice to appear | + | * While the notice to appear |
+ | ===== What Happens at the Conference ===== | ||
+ | Gershen-Siegel says the schedule conference serves two purposes: "to schedule and hammer out discovery," | ||
+ | |||
+ | According to Cornell University' | ||
+ | |||
+ | [{{ :: | ||
+ | |||
+ | * Simplifying the issues, and eliminating frivolous claims or defenses. | ||
+ | * Amending the pleadings. | ||
+ | * Obtaining admissions and stipulations about facts and documents, and ruling on admissibility of evidence. | ||
+ | * Avoiding unnecessary proof and cumulative evidence, and limiting the use of certain testimony. | ||
+ | * Determining the appropriateness and timing of summary adjudication. | ||
+ | * Controlling and scheduling discovery. | ||
+ | * Identifying witnesses and documents, scheduling filing and exchange of pretrial briefs, and setting dates for further conferences and for trial. | ||
+ | * Referring matters to a magistrate judge or a master (an authority appointed by the judge to make sure his orders are actually followed. They are often employed in complex civil actions where their expertise is needed to assist the court).(([[http:// | ||
+ | * Settling the case and using special procedures to assist in resolving the dispute. | ||
+ | * Determining the form and content of a pretrial order. | ||
+ | * Disposing of [[motion to dismiss|pending motions]]. | ||
+ | * Adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems. | ||
+ | * Ordering a separate trial of a claim, counterclaim, | ||
+ | * Ordering presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law or a judgment on partial findings. | ||
+ | * Establishing a reasonable limit on the time allowed to present evidence. | ||
+ | * Facilitating other ways to bring just, speedy, and inexpensive resolution of the suit. | ||
===== Alternative Dispute Resolution ===== | ===== Alternative Dispute Resolution ===== | ||
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- Private mediation.(([[http:// | - Private mediation.(([[http:// | ||
- | Gershen-Siegel | + | Gershen-Siegel |
> The advantages to mediation are: it's cheaper and faster. The disadvantages are: no jury trial, and it really doesn' | > The advantages to mediation are: it's cheaper and faster. The disadvantages are: no jury trial, and it really doesn' |