Scheduling Order Notice Of Trial Setting And Initial Pretrial Order (Civil)

IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF «County» «PlaintiffName», Plaintiff, vs. «DefendantName», Defendant. ) ) ) ) ) ) ) ) ) Case No. «CaseNumber» SCHEDULING ORDER, NOTICE OF TRIAL SETTING AND INITIAL PRETRIAL ORDER Pursuant to IRCP 16 IT IS HEREBY ORDERED that: 1. A «JuryOrCourt» trial for «TrialDays» day(s) will commence at the «County» County Courthouse at 9:00 a.m. on «TrialDate». If possible, cases set for the same day will be tried on a to follow basis. 2. Prior to the trial date, the Court will issue an order establishing the priority setting for each of the civil matters set for trial on the above trial date. The Court, at its discretion, may at any time amend its order setting the priority of the cases set for trial. Notice is hereby given that all civil trial settings are subject to being preempted by the court's criminal calendar. In order to assist with the pretrial conference and trial of this matter IT IS HEREBY FURTHER ORDERED that: 1. PRETRIAL MOTIONS: Motions for summary judgment shall be timely filed so as to be heard not later than ninety (90) days before trial. The last day for filing all other pretrial motions shall be twenty-one (21) days before trial, except for motions in limine concerning witnesses and exhibits designated pursuant to paragraph Nos. 6 and 7 SCHEDULING ORDER, NOTICE OF TRIAL SETTING American LegalNet, Inc. www.FormsWorkFlow.com Page 1 respectively of this Pretrial Order. Motions in limine concerning designated witnesses and exhibits shall be submitted in writing at least seven (7) days before trial. Motions in limine concerning any designated exhibit shall attach copies of the exhibit in issue. Motions in limine regarding designated witnesses shall attach copies of the discovery requests claimed to require the earlier disclosure, and a representation by counsel regarding the absence of a prior response from the party to whom the discovery was directed. The fact that a party, which has submitted discovery to another party, has not filed motions to compel in advance of trial does not, in and of itself, waive an objection by that party as to the timeliness of disclosure of witnesses and exhibits by the other party as required by this order. 2. MOTIONS FOR SUMMARY JUDGMENT: There shall be served and filed with each motion for summary judgment a separate concise statement, together with a reference to the record, of each of the material facts as to which the moving party contends there are no genuine issues of dispute. Any party opposing the motion shall, not later than fourteen (14) days prior to the date of the hearing, serve and file a separate concise statement, together with a reference to the record, setting forth all material facts as to which it is contended there exist genuine issues necessary to be litigated. In determining any motion for summary judgment, the Court may assume that the facts as claimed by the moving party are admitted to exist without controversy, except and to the extent that such facts are asserted to be actually in good faith controverted by a statement filed in opposition to the motion. 3. BRIEFS AND MEMORANDA: In addition to any original brief or memorandum filed with the Clerk of the Court, a chambers' copy shall be provided to the Court. To the extent counsel rely on legal authorities not contained in the Idaho Reports, a copy of SCHEDULING ORDER, NOTICE OF TRIAL SETTING American LegalNet, Inc. www.FormsWorkFlow.com Page 2 each case or authority cited shall be attached to the Court's copy of the brief or memorandum. 4. DISCOVERY DISPUTES: Unless otherwise ordered, the Court will not entertain any discovery motion, except those brought pursuant to I.R.C.P. 26(c) by a person who is not a party, unless counsel for the moving party files with the Court, at the time of filing the motion, a statement showing that the lawyer making the motion has made a reasonable effort to reach agreement with opposing counsel on the matters set forth in the motion. The motion shall not refer the Court to other documents in the file. For example, if the sufficiency of an answer to an interrogatory is in issue, the motion shall contain, verbatim, both the interrogatory and the allegedly insufficient answer, followed by each party's contentions, separately stated. In the absence of a showing of good cause as to why the discovery was not initiated so that timely responses were due at least thirty (30) days before trial, the Court will not hear motions to compel discovery after twentyone (21) days before trial. 5. EXPERT WITNESSES: Not later than one hundred eighty (180) days before trial, plaintiff(s) shall disclose all experts to be called at trial. Not later than one hundred fifty (150) days before trial, defendant(s) shall disclose all experts to be called at trial. Such disclosure shall consist of at least the subject matter upon which the expert is expected to testify and the substance of any opinions to which the expert is expected to testify. The disclosure shall be contemporaneously filed with the Court. Each party shall, at least twenty-eight (28) days before trial, file with the Court and serve all parties with a supplemental disclosure for each expert witness which shall identify the underlying facts and data upon which the opinions of each expert are based, to the extent such information is required to be disclosed pursuant to I.R.C.P. SCHEDULING ORDER, NOTICE OF TRIAL SETTING American LegalNet, Inc. www.FormsWorkFlow.com Page 3 26(b)(4)(A)(i). Absent good cause, an expert may not testify to matters not included in the disclosure. A party may comply with the disclosure by referencing expert witness depositions, without restating the deposition testimony in the disclosure report. 6. REQUEST FOR PRIORITY SETTING: Sixty (60) days prior to the trial date, counsel will advise the Court by letter to the Judge at chambers, and serve all counsel and pro se parties with a copy of the letter, as to whether counsel is requesting a priority setting; the status of settlement negotiations, and whether any demands or offers have been exchanged (without disclosing the specifics of any settlement offers or demands); whether any mediation has occurred or is scheduled; and, any other matters counsel believes pertinent to a priority setting, such as any need for advance notice for travel arrangements of witnesses or for expert witnesses. The participation of a party in mediation