| [* An asterisk shall be placed next to the exhibits which a party may offer if the need arises.]|
L.R. 16-6.2. Enlarged Copies of Exhibits . At trial, an enlarged copy of an exhibit may be used with the original exhibit. The enlarged copy shall be given the same number as the original exhibit, with a subdesignation (e.g., Exh. 24A) and shall be returned to counsel by the Clerk at the conclusion of the trial.
L.R. 16-6.3 Objections to Exhibits.6 The list of objections required by F.R.Civ.P. 26(a)(3)(B) shall be included in the proposed Final Pretrial Conference Order. The grounds for all objections shall be stated separately as to each exhibit.
L.R. 16-6.4 Marking of Exhibits for Trial . Counsel shall prepare official exhibit tags to be placed on all exhibits for trial. These exhibit tags may be obtained from the Clerk.
L.R. 16-7 Final Pretrial Conference Order . A Final Pretrial Conference Order shall be prepared by plaintiff’s counsel and signed by all counsel. It is the duty of all counsel to cooperate with plaintiff’s counsel in the preparation and submission of the Final Pretrial Conference Order as required by this rule. Failure of counsel to comply shall subject counsel to the sanctions provided by L.R. 83-7 and 28 U.S.C. § 1927.
L.R. 16-7.1 Lodging . Plaintiff shall lodge the Final Pretrial Conference Order with the Clerk eleven (11) days before the date set for the Final Pretrial Conference.
L.R. 16-7.2 Form . The Final Pretrial Conference Order shall be substantially in the form shown in Pretrial Form No. 1 set forth in Appendix A to these Local Rules.
L.R. 16-8 Final Pretrial Conference . Each party appearing at the Final Pretrial Conference shall be represented by the attorney (or the party, if appearing pro se) who is then contemplated to have charge of the conduct of the trial on behalf of such party. At the Final Pretrial Conference the Court will consider:
L.R. 16-8.1 Unserved Parties . Any party not theretofore dismissed who is unserved at the time of the Final Pretrial Conference will be dismissed from the action without prejudice.
L.R. 16-8.2 Other Matters . Any matter arising from the Memorandums of Contentions of Fact and Law, Witness or Joint Exhibit Lists, Proposed Final Pretrial Conference Order, or other matter which needs to be addressed.
L.R. 16-8.3 Setting of Trial Date . The Court expects that at the Final Pretrial Conference the parties will then be ready to proceed to trial. If not previously set, the trial date shall be set at the earliest date permitted by the Court’s calendar.
L.R. 16-9 Continuances . No continuance of the Final Pretrial Conference shall be granted merely on the stipulation of the parties. If the Court is satisfied that counsel are preparing the case diligently and that additional time is required to comply with this rule, the Final Pretrial Conference may be continued upon submission of a timely stipulation signed by all counsel setting forth the reasons for the requested continuance. The stipulation also shall describe what has been accomplished in preparing the case for the Final Pretrial Conference. No continuance of the Final Pretrial Conference will be granted unless the stipulation has been lodged before the date upon which the Final Pretrial Conference Order must be lodged with the Court. Counsel shall inform the Clerk immediately by telephone or other expeditious means when a stipulation is to be submitted for continuance of the Final Pretrial Conference.
A motion for continuance of the Final Pretrial Conference may be noticed upon five (5) days’ notice to be heard not later than the last Motion Day before the date for which the Final Pretrial Conference has been set.
L.R. 16-10 Trial Brief . Unless the Court otherwise orders, at least seven (7) days before trial is scheduled to commence, each party may serve and file a trial brief which may:
(a) Update the Memorandum of Contentions of Fact and Law by citing newly decided cases;
(b) Brief such issues as directed by the Court; and
(c) Reply to the Memorandum of Contentions of Fact and Law of any other party.
L.R. 16-11 Waiver of Pretrial . In their report to the Court pursuant to F.R.Civ.P. 26(f), the parties may suggest to the Court that the matter should not be subject to the pretrial procedures in L.R. 16-2 through 16-10, and may request a waiver of those procedures. The report shall explain why counsel request the waiver.
L.R. 16-11.1 Procedure on Waiver . If the Court agrees that the case should not be subject to L.R. 16-2 through 16-10, the Court shall so indicate in its scheduling order entered under F.R.Civ.P. 16(b).
L.R. 16-11.2 Preparation for Trial . When the Court has granted a waiver of L.R. 16-2 through 16-10, the lead trial attorneys for the parties shall meet thirty (30) days before the date set for commencement of the trial and each party shall file not less than fourteen (14) days before the date set for commencement of the trial:
(a) A succinct statement of the factual and legal issues;
(b) Unless otherwise ordered by the Court, in non-jury cases, the direct testimony of all witnesses reasonably available to the party, in declaration or narrative form, who shall be subject to cross examination at trial by the opposing party as provided in L.R. 43-1;
(c) A witness list;
(d) An exhibit list;
(e) Depositions to be used at trial marked as required by L.R. 16-2.7; and
(f) A trial brief which provides the theory of the case and statutory or precedential support for the theory together with any unusual evidentiary or legal questions which may be anticipated at trial.
L.R. 16-11.3 Guideline for Granting Waiver . Unless otherwise ordered by the Court, waiver of L.R. 16-2 through 16-10 shall apply only to cases that are realistically estimated to consume no more than two (2) trial days.
L.R. 16-12 Exemptions.7 In the following categories of cases, the Court need not issue a scheduling order or hold a Final Pretrial Conference under F.R.Civ.P. 16:
(a) Petitions filed under 28 U.S.C. §§ 2241 et seq., or their functional equivalents;
(b) Actions for judicial review of a decision by the Commissioner of Social Security under 42 U.S.C. § 405(g);
(c) Any case in which the plaintiff is appearing pro se, is in custody, and is not an attorney;
(d) Any case removed to this Court from the small claims division of a state court;
(e) Appeals from the bankruptcy court;
(f) Extradition cases;
(g) Actions to enforce or quash an administrative summons or subpoena; and
(h) Actions by the United States to collect on a student loan guaranteed by the United States.
L.R. 16-13 Representation at Conferences . Each party appearing at any Scheduling or Pretrial Conference held under F.R.Civ.P. 16 shall be represented by the attorney (or the party if appearing pro se) who is then contemplated to have charge of the conduct of the trial on behalf of such party.
L.R. 16-14 Modification of Scheduling Orders and Pretrial Orders . Any application to modify an order entered pursuant to F.R.Civ.P. 16 shall be made to the judicial officer who entered the order.
L.R. 16-15 Policy Re Settlement . It is the policy of the Court to encourage disposition of civil litigation by settlement when such is in the best interest of the parties. The Court favors any reasonable means to accomplish this goal. Nothing in this rule shall be construed to the contrary. The parties are urged first to discuss and to attempt to reach settlement among themselves without resort to these procedures. It is also the policy of the Court that unless an alternative settlement procedure is selected by the parties, the judge assigned to preside over the civil case (the trial judge) may participate in facilitating settlement.
L.R. 16-15.1 Proceedings Mandatory . Unless exempted by the trial judge, the parties in each civil case shall participate in one of the settlement procedures set forth in this rule or as otherwise approved by the trial judge.
L.R. 16-15.2 Time for Proceedings . Except as otherwise ordered by the Court, a Notice of Settlement Procedure Selection, signed by counsel for both sides, shall be filed not later than fourteen (14) days after entry of the scheduling order under F.R.Civ.P. 16(b). Unless otherwise ordered, no later than forty-five (45) days before the Final Pretrial Conference, the parties shall participate in the settlement procedures selected by the Court.
L.R. 16-15.3 Court-Ordered Proceedings . If the parties do not file a timely Notice of Settlement Procedure Selection, the trial judge may order the parties to participate in any of the settlement procedures set forth in this rule.
L.R. 16-15.4 Suggested Settlement Procedures
SETTLEMENT PROCEDURE NO. 1 - The parties shall appear before the district judge or magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct.
SETTLEMENT PROCEDURE NO. 2 - The parties shall appear before an attorney selected from the Attorney Settlement Officer Panel or before an attorney appointed by the trial judge for settlement proceedings.
SETTLEMENT PROCEDURE NO. 3 - The parties shall participate in a non-judicial dispute resolution proceeding.
L.R. 16-15.5 Requirements for Settlement Procedures.8 Regardless of the settlement procedure selected, the following requirements shall apply unless otherwise ordered by the trial judge or the settlement officer:
(a) STATEMENT OF CASE - The parties shall submit in writing to the settlement officer, in camera (but not file), a confidential settlement statement (not to exceed five (5) pages) setting forth the party’s statement of the case and the party’s settlement position, including the last offer or demand made by that party and a separate statement of the offer or demand the party is prepared to make at the settlement conference. This confidential settlement statement shall be delivered to the settlement officer, at least five (5) days before the date of the conference.
(b) APPEARANCE BY PARTY - Each party shall appear at the settlement proceeding in person or by a representative with full authority to settle the case, which in the case of lawsuits brought against the United States or any of its agencies as a party, shall involve the attendance of an attorney charged with responsibility for the conduct of the case and who has final settlement authority as provided by his or her superiors. A corporation or other non-governmental entity satisfies this attendance requirement if represented by a person (other than in-house or outside counsel) who has final settlement authority and who is knowledgeable about the facts of the case. At the discretion of the settlement officer, and only with the settlement officer’s express authorization, parties residing outside the District may have a representative with final settlement authority available by telephone during the entire proceeding, in lieu of personal appearance.
(c) APPEARANCE BY LEAD TRIAL ATTORNEY - Each party shall be represented at the settlement proceeding by the attorney who is expected to try the case, unless excused by the settlement officer.
(d) PREPARATION BY PARTY - Each party shall have made a thorough analysis of the case prior to the settlement proceeding and shall be fully prepared to discuss all economic and non-economic factors relevant to a full and final settlement of the case.
L.R. 16-15.6 Optional Requirements for Settlement Procedures . Without limitation, the settlement officer may require any of the following procedures in any settlement proceeding:
(a) An opening statement by each counsel.
(b) With the agreement of the parties, a “summary” or “mini-trial,” tried either to the settlement officer or to a mock jury.
(c) Presentation of the testimony, summary of testimony or report of expert witnesses.
(d) A closing argument by each counsel.
(e) Any combination of the foregoing.
L.R. 16-15.7 Report of Settlement . If a settlement is reached it shall be (a) reported immediately to the trial judge’s courtroom deputy clerk; and (b) timely memorialized.
L.R. 16-15.8 Confidentiality of Proceedings . All settlement proceedings shall be confidential. No part of a settlement proceeding shall be reported, or otherwise recorded, without the consent of the parties, except for any memorialization of a settlement and the Clerk’s minutes of the proceeding.
L.R. 16-15.9 Rule Non-Exclusive . Nothing in this rule shall preclude or replace any settlement practice used by any judge or magistrate judge of the Court. The provisions of this rule are not exclusive and nothing in this rule shall preclude any judge or magistrate judge of the Court from dispensing with any provision of this rule as to any case or category of cases, as the judge, in his or her discretion, determines to be appropriate.
1(16 et seq. amended, effective 12/1/06)
2(16-2.3 amended, effective 6/1/09)
3(16-2.4 amended, effective 6/1/09)
4(16-5 amended, effective 1/1/10)
5(16-6.1 amended, effective 6/1/09)
6(16-6.3 amended, effective 1/1/10)
7(16-12 amended, effective 1/1/10)
8(16-15.5(b) amended, effective 1/1/10)