Alaska R. Civ. P. 16

(a) Pretrial Conferences; Objectives. In any action, the

court may in its discretion direct the attorneys for the parties

and any unrepresented parties to appear before it for a

conference or conferences before trial for such purposes as:

(1) expediting the disposition of the action;

(2) establishing early and continuing control so that the

case will not be protracted because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more

thorough preparation; and

(5) facilitating the settlement of the case, including use

of alternative dispute resolution procedures such as mediation, early neutral evaluation, arbitration, and settlement conferences.

(b) Scheduling Order.

(1) Except in categories of actions exempted under Rule

16(g), the judge shall enter a scheduling order that limits or

establishes the time:

(A) to join other parties and to amend the pleadings;

(B) under AS 09.17.080,

(i) to specifically identify potentially responsible persons;

(ii) to move to join specifically identified potentially

responsible persons; and

(iii) to move to determine whether a sufficient opportunity to join a potentially responsible person is lacking;

(C) to file motions;

(D) to disclose expert witnesses and reports required

under Rule 26(a)(2);

(E) to supplement disclosures required under Rule 26(a);

(F) to identify witnesses and exhibits;

(G) to complete discovery; and

(H) for trial or the trial setting conference.

The scheduling order may also address:

(I) modification of the discovery limitations contained in

these rules, including the length of depositions in light of the

factors listed in Rule 30(d)(2), and the extent of discovery to

be permitted;

(J) the date or dates for conferences before trial;

(K) the use and timing of an alternative dispute resolution

procedure;

(L) the time to file any challenges to the reliability of

scientific evidence;

(M) any issues related to proceedings to determine the

amount of punitive damages;

(N) disclosure or discovery of electronically stored

information; and

(O) any other matters appropriate in the circumstances of

the case.

The order shall issue as soon as practicable but in any

event within 90 days after the appearance of the defendants or

pursuant to a local uniform pretrial order issued and adopted

according to the provisions of Administrative Rule 46. A

schedule shall not be modified except upon a showing of good

cause and by leave of court.

(2) The judge shall meet with the attorneys for the parties

and any unrepresented parties prior to entering the scheduling

order unless the judge determines that a conference is

unnecessary or a local uniform pretrial order issued and

adopted under Administrative Rule 46 establishes a different

procedure. The court shall distribute notice of the conference

date as soon as practicable after the appearance of the

defendants. The conference may be held on or off the record.

(c) Subjects for Consideration at Pretrial Conferences. At any conference under this rule consideration

may be given, and the court may take appropriate action, with

respect to:

(1) the formulation and simplification of the issues,

including the elimination of frivolous claims or defenses;

(2) the necessity or desirability of amendments to the

pleadings;

(3) the possibility of obtaining admissions of fact and of

documents which will avoid unnecessary proof, stipulations

regarding the authenticity of documents, and advance rulings

from the court on the admissibility of evidence;

(4) the avoidance of unnecessary proof and of

cumulative evidence, and limitations or restrictions on the use

of testimony under Evidence Rule 702;

(5) the appropriateness and timing of summary adjudication under Rule 56;

(6) the control and scheduling of discovery, including

orders affecting disclosures and discovery pursuant to Rule 26

and Rules 29 through 37;

(7) the identification of witnesses and documents, the

need and schedule for filing and exchanging pretrial briefs, and

the date or dates for further conferences and for trial;

(8) the advisability of referring matters to a master;

(9) settlement and the use of special procedures to assist

in resolving the dispute when authorized by statute or local

rule;

(10) the form and substance of the pretrial order;

(11) the disposition of pending motions;

(12) the need for adopting special procedures for

managing potentially difficult or protracted actions that may

involve complex issues, multiple parties, difficult legal

questions, or unusual proof problems;

(13) an order for a separate trial pursuant to Rule 42(b)

with respect to a claim, counterclaim, cross-claim, or third-party claim, or with respect to any particular issue in the case;

(14) an order directing a party or parties to present

evidence early in the trial with respect to a manageable issue

that could, on the evidence, be the basis for a judgment as a

matter of law under Rule 50(a);

(15) an order establishing a reasonable limit on the time

allowed for presenting evidence; and

(16) such other matters as may facilitate the just, speedy,

and inexpensive disposition of the action.

At least one of the attorneys for each party participating in

any conference before trial shall have authority to enter into

stipulations and to make admissions regarding all matters that

the participants may reasonably anticipate may be discussed. If

appropriate, the court may require that a party or its

representative be present or reasonably available by telephone

in order to consider possible settlement of the dispute.

(d) Final Pretrial Conference. Any final pretrial

conference shall be held as close to the time of trial as

reasonable under the circumstances. The participants at any

such conference shall formulate a plan for trial, including a

program for facilitating the admission of evidence. The

conference shall be attended by at least one of the attorneys

who will conduct the trial for each of the parties and by any

unrepresented parties.

(e) Pretrial Orders. After any conference held pursuant

to this rule, an order shall be entered reciting the action taken.

This order shall control the subsequent course of the action

unless modified by a subsequent order. The order following a

final pretrial conference shall be modified only to prevent

manifest injustice.

(f) 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, the judge, upon motion or the

judge’s own initiative, may make such orders with regard

thereto as are just, and among others any of the orders

provided in Rule 37(b)(2)(B), (C), (D). In lieu of or in addition

to any other sanction, the judge shall require the party or the

attorney representing the party or both to pay the reasonable

expenses incurred because of any noncompliance with this

rule, including attorney’s fees, unless the judge finds that the

noncompliance was substantially justified or that other

circumstances make an award of expenses unjust.

(g) Actions Exempted from Rule 16(b). The following

categories of cases are exempted from the requirement of

scheduling conferences and scheduling orders under Rule

16(b):

(1) special proceedings listed in Part XII of these rules,

including habeas corpus petitions, forcible entry and detainer

claims, and dissolution of marriage and divorce actions;

(2) paternity cases;

(3) custody cases;

(4) small claims cases;

(5) actions to enforce out-of-state judgments;

(6) eminent domain cases;

(7) proceedings for post-conviction relief under Criminal

Rule 35.1; and

(8) proceedings to obtain a domestic violence protective

order under AS 18.66.100 and AS 18.66.110 or a stalking

protective order under AS 18.65.850 and AS 18.65.855.