PRELIMINARY PRETRIAL CONFERENCE:
SCHEDULING AND NOTICE: A preliminary pretrial conference may be scheduled at the discretion of the court. The clerk of court shall give at least 20 days notice of the conference.
PREPARATION BY COUNSEL FOR PRELIMINARY PRETRIAL CONFERENCE: Counsel shall be prepared to discuss at the conference the following:
the issues raised by the pleadings;
issues concerning jurisdiction, venue, or the authority of the bankruptcy court;
whether the parties, if the proceeding is not a core proceeding, have consented to the bankruptcy judge hearing and determining the proceeding pursuant to 28 U.S.C. § 157(c)(2);
the disposition of pending motions;
the necessity, desirability, and timing of amendments to pleadings, joinder of additional parties, the filing of additional motions and discovery;
the possibility of settlement;
the need for additional pretrial conferences;
the timing and form of disclosures under Rule 26(a)(1), Federal Rules of Civil Procedure, including a statement of when disclosures under the rule were made or should be made;
changes that should be made in the limitations on discovery imposed by the Federal Rules of Civil Procedure; and
whether use of expert witnesses is contemplated, and if so, whether and when the disclosure of expert information as required by Rule 26(a)(2), Federal Rules of Civil Procedure, should be made.
PRELIMINARY PRETRIAL CONFERENCE REPORT: At least one week prior to the preliminary pretrial conference, counsel shall file with the clerk of court a joint report containing information concerning all the items to be discussed at the preliminary pretrial conference.
DISCLOSURES: Unless counsel agree to disclosures at an earlier date, disclosures required to be made by Rule 26(a) and (b), Federal Rules of Civil Procedure, shall be made at the time and under the circumstances directed by the court in the scheduling order entered after receipt of the preliminary pretrial conference report.
FINAL PRETRIAL CONFERENCE
SCHEDULING AND NOTICE: A final pretrial conference may be scheduled at the discretion of the court. The clerk of court shall give at least 30 days notice of the conference.
PREPARATION BY COUNSEL FOR FINAL PRETRIAL CONFERENCE: At least 10 days prior to the final pretrial conference, trial counsel for each of the parties shall confer and prepare a proposed final pretrial order. In the event no pretrial conference is scheduled, counsel shall confer, prepare and submit a proposed final pretrial order to the court no later than 10 days prior to the scheduled trial. It is the duty of counsel for the plaintiff to arrange this conference. The conference of attorneys shall be held in a mutually agreeable location or may be conducted by telephone conference. Each counsel must bring to the conference or be responsible for the exchange of copies of exhibits to be introduced into evidence, lists of witnesses to be called and designations of discovery material to be used at the trial. The disclosure of witnesses and exhibits under this section supersedes the requirements of timing and format otherwise required by Rule 26(a)(3), Federal Rules of Civil Procedure.
PRETRIAL ORDER: The pretrial order shall be prepared in one sequential document without reference to attached exhibits or schedules and shall contain the following in five separate sections, numbered by Roman numerals, as indicated:
I. STIPULATIONS: Stipulations covering jurisdiction, joinder, capacity of the parties, all relevant and material facts, legal issues and factual issues.
II. CONTENTIONS: Contentions covering matters on which the parties have been unable to stipulate, including jurisdiction, misjoinder, capacity of the parties, relevant and material facts, legal issues and factual issues. Claims and defenses as to which no contentions are listed in the pretrial order are deemed abandoned.
III. EXHIBITS: A list of exhibits that each party may offer at trial, including any map or diagram, numbered sequentially, which numbers shall remain the same throughout all further proceedings. Copies of all exhibits shall be provided to opposing counsel not later than the attorney conference provided for in Local Bankruptcy Rule 7016-1(b)(2). The court may excuse the copying of large maps or other exhibits. Except as otherwise indicated in the pretrial order, it will be deemed that all parties stipulate that all exhibits are authentic and may be admitted into evidence without further identification or proof. Grounds for objection as to authenticity or admissibility must be set forth in the pretrial order.
IV. DESIGNATION OF PLEADINGS AND DISCOVERY MATERIALS: The designation of all portions of pleadings and discovery materials, including depositions, interrogatories and requests for admissions that each party may offer at trial by reference to document, volume, page, and line. Objections by opposing counsel must be noted by document, volume, page and line, and reasons for objections must be stated.
of the names and addresses of all witnesses each party may offer at trial,
together with a brief statement of what counsel proposes to establish
by their testimony.
A pretrial order should be submitted in detail sufficient to comply with these rules. A sample pretrial order is in the Administrative Guide to Practice and Procedure.
The purpose of the pretrial conference is to resolve any disputes concerning the contents of the pretrial order. At the pretrial conference, counsel should be prepared to present to the court all information and documentation necessary for completion of the pretrial order. Failure to do so shall result in the sanctions provided by this rule.
Rule 16(f) of the Federal Rules of Civil Procedure, which provides for sanctions if a party or party's attorney fails to obey a scheduling or pretrial order, or if no appearance is made on behalf of a party at a scheduling or pretrial conference, or if a party or party's attorney is substantially unprepared to participate in the conference, or if a party or party's attorney fails to participate in good faith, is applicable to adversary proceedings pursuant to Rule 7016, Federal Rules of Bankruptcy Procedure.