(1) expediting a just disposition of the action;

(2) establishing early and continuing control so that the action will not be protracted because of lack of management;

(3) ensuring that discovery is proportional to the needs of the action, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of proposed discovery outweighs its likely benefit;

(4) discouraging wasteful, expensive, and duplicative pretrial activities;

(5) improving the quality of case resolution through more thorough and timely preparation;

(6) facilitating the appropriate use of alternative dispute resolution;

(7) conserving parties' resources;

(8) managing the court's calendar to eliminate unnecessary trial settings and continuances; and

(9) adhering to applicable standards for timely resolution of civil actions.

(1) Timing; Purpose. At the earliest practicable time, but no later than 30 days after a party files an answer or files a motion directed at the complaint, or 120 days after the action commences--whichever occurs first--that party and the plaintiff must meet and confer about the anticipated course of their case, including the tier to which it should be assigned under Rule 26.2 and the subjects set forth in Rule 16(b)(2) and (c). The parties must discuss whether and how they can agree to streamline and limit claims and affirmative defenses to be asserted, discovery to be taken, and motions to be brought. The purpose of the conference is to plan cooperatively for the case, and to facilitate the case's placement in one of three tiers discovery. The attorneys of record and all unrepresented parties who have appeared in the action are jointly responsible for arranging and participating in the Early Meeting.

(2) Topics for Early Meeting. The parties should discuss at least:

(1) Timing. No later than 14 days after the Early Meeting, the parties must file a Joint Report and a Proposed Scheduling Order. The attorneys of record and all unrepresented parties who have appeared in the action are jointly responsible for attempting in good faith to agree on a Proposed Scheduling Order, and for filing the Joint Report and the Proposed Scheduling Order with the court. The court must issue a Scheduling Order as soon as practicable either after receiving the parties' Joint Report and Proposed Scheduling Order or after holding a Scheduling Conference.

(2) Content of Joint Report. The Joint Report must state--to the extent practicable--the parties' positions on the subjects set forth in Rule 16(b)(2) and (c)(3) and must attach a proposed Scheduling Order. The parties are not required to describe their Early Meeting in the Joint Report, but may do so. Any summary must describe the case with respect to the characteristics in Rule 26.2(b) and (c) to be used in assigning cases to a discovery tier, and must set forth any agreements the parties have reached to streamline the case. In the Joint Report, the parties are not permitted to discuss or criticize the rejection of proposed agreements or to argue that the other party has taken unreasonable positions. Unless ordered by the court, a summary must not exceed 4 pages of text, which length must be split evenly between separate statements of the parties if they do not agree on the summary's contents. The Joint Report must certify that the parties conferred in good faith, either in person or by telephone as required by Rule 7.1(h), regarding the subjects set forth in Rule 16(b)(2) and (c)(3).

(3) Content of Proposed Scheduling Order. The proposed Scheduling Order must state the discovery tier to which the case is assigned, and must specify deadlines for the following by calendar date, month, and year:

(4) Dates Certain. The Scheduling Order must include calendar deadlines specifying the month, date, and year for each of the items included in the Proposed Scheduling Order, consistent with the discovery tier to which the case is assigned under Rule 26.2(f). The Scheduling Order must also set either: (A) a trial date; or (B) a date for a Trial-Setting Conference under Rule 16(e) at which a trial date may be set. Absent leave of court, no trial may be set unless the parties certify that they engaged in a settlement conference or private mediation, or that they will do so by a date certain approved by the court. The Scheduling Order also may address other appropriate matters.

(5) Modification of Dates Established by Scheduling Order. The parties may modify the dates established in a Scheduling Order that govern court filings or hearings only by court order for good cause. Once a trial date is set, the parties may modify that date only under Rule 38.1.

(6) Request for Discovery Tier.

(7) Forms. The parties must file the Joint Report and the Proposed Scheduling Order using the forms approved by the Supreme Court and set forth in Rule 84, Forms 11 through 13. They must use Forms 11(a) and (b) for Tier 1 cases, Forms 12(a) and (b) for Tier 2 cases, and Forms 13(a) and (b) for Tier 3 cases.

(8) Applicability. The requirements of Rule 16(b) and (c) apply to all civil actions except:

(1) determine what additional disclosures, discovery and related activities will be undertaken and establish a schedule for those activities, including whether and when any examinations will take place under Rule 35;

(2) discuss which form of Joint Report and Scheduling Order is appropriate under Rule 16(c)(7);

(3) determine whether the court should enter orders addressing one or more of the following:

(4) determine a schedule for disclosing expert witnesses and whether the parties should be required to provide signed reports from retained or specially employed experts in compliance with Rule 26.1(d)(4);

(5) determine the number of expert witnesses or designate expert witnesses as set forth in Rule 26(b)(4)(D);

(6) determine a date for disclosing nonexpert witnesses and the order of their disclosure;

(7) determine a deadline for filing dispositive motions;

(8) resolve any discovery disputes;

(9) eliminate nonmeritorious claims or defenses;

(10) permit amendment of the pleadings;

(11) assist in identifying those issues of fact that are still contested;

(12) obtain stipulations for the foundation or admissibility of evidence;

(13) determine the desirability of special procedures for managing the action;

(14) consider alternative dispute resolution and determine a deadline for the parties to participate in a settlement conference or private mediation;

(15) determine whether any time limits or procedures set forth in these rules or local rules should be modified or suspended;

(16) determine whether the parties have complied with Rule 26.1;

(17) determine a date for filing the Joint Pretrial Statement required by Rule 16(f);

(18) set a trial date and determine the anticipated number of days needed for trial;

(19) determine how a verbatim record of future proceedings in the action will be made; and

(20) discuss other matters and enter other orders that the court deems appropriate.

(1) Generally. If the court has not already set a trial date in a Scheduling Order or otherwise, the court must hold a Trial-Setting Conference--as set by the Scheduling Order--for the purpose of setting a trial date. The Conference must be attended in person--or telephonically, as permitted by the court--by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties. If a trial date is not set at the Trial-Setting Conference, the court must schedule another Trial-Setting Conference as soon as practicable for the setting of a trial date.

(2) Subject Matter. In addition to setting a trial date, the court may discuss at the Trial-Setting Conference:

(1) Preparation of Joint Pretrial Statement. Counsel or the unrepresented parties who will try the action and who are authorized to make binding stipulations must confer and prepare a written Joint Pretrial Statement, signed by each counsel or unrepresented party. The parties must file the Joint Pretrial Statement no later than 10 days before the date of the Trial Management Conference, or if no conference is scheduled, no later than 10 days before trial. A plaintiff must deliver its part of the Joint Pretrial Statement to all other parties no later than 20 days before the date the Statement must be filed. All other parties must deliver their part of the Joint Pretrial Statement to all other parties no later than 15 days before the date the Statement must be filed.

(2) Contents of Joint Pretrial Statement. The parties must prepare the Joint Pretrial Statement as a single document containing the following:

(3) Delivery of Exhibits. A plaintiff must deliver copies of all its exhibits to all other parties no later than 10 days before the date the Joint Pretrial Statement must be filed. All other parties must deliver copies of all their exhibits to all other parties no later than 5 days before the date the Joint Pretrial Statement must be filed. Any exhibit that cannot be reproduced must be made available for inspection to all other parties on or before these deadlines.

(4) Additional Documents to File if Trial Is to a Jury. If the trial is to a jury, the parties must--on the same day they file the Joint Pretrial Statement--file:

(5) Juror Notebooks. A party intending to submit a notebook to the jurors must serve a copy of the notebook on all other parties no later than 5 days before the Trial Management Conference, or, if no Conference is scheduled, no later than 5 days before the trial.

(6) Trial Memoranda. A party must file any trial memorandum no later than 5 days before the Trial Management Conference, or, if no Conference is scheduled, no later than 5 days before the trial.

(7) Trial Management Conference. Any Trial Management Conference scheduled by the court should be held as close to the time of trial as is reasonable under the circumstances. The Conference must be attended by at least one of the attorneys who will conduct the trial for each of the parties and by all unrepresented parties.

(8) Modifications. Rule 16(f)'s provisions may be modified by court order.

(1) Generally. Except on a showing of good cause, the court--on motion or on its own--must enter such orders as are just, including, among others, any of the orders in Rule 37(b)(2)(A)(ii) through (vii), if a party or attorney:

(2) Award of Expenses. Unless the court finds the conduct substantially justified or that other circumstances make an award of expenses unjust, the court must--in addition to or in place of any other sanction--require the party, the attorney representing the party, or both, to pay:

(3) Trial Date. The fact that a trial date has not been set does not preclude sanctions under this rule, including the sanction of excluding from evidence untimely disclosed information.