Mont. R. Civ. P. 16

(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys

and any unrepresented parties to appear for one or more pretrial conferences for such

purposes as:

(1) expediting 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 settlement.

(b) Scheduling.

(1) Scheduling Order. Upon request by a party, except in categories of actions

exempted by district court rule, the judge must issue a scheduling order after consulting

with the parties’ attorneys and any unrepresented parties at a scheduling conference or

by telephone, mail, or other means.

(2) Time to Issue. The judge must issue the scheduling order as soon as practicable,

but in any event within 90 days of a request by a party.

(3) Contents of the Order.

(A) Required Contents. The scheduling order must limit the time to join other

parties, amend the pleadings, complete discovery, and file motions.

(B) Permitted Contents. The scheduling order may:

(i) modify the timing of disclosures under Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;

(iii) provide for disclosure or discovery of electronically stored information;

(iv) include any agreements the parties reach for asserting claims of privilege

or of protection as trial-preparation material after information is produced;

(v) set dates for pretrial conferences and for trial; and

(vi) include other appropriate matters.

(4) Modifying a Schedule. A schedule may be modified only for good cause and with

the judge’s consent.

(c) Attendance and Matters for Consideration at a Pretrial Conference.

(1) Attendance. A represented party must authorize at least one of its attorneys to

make stipulations and admissions about all matters that can reasonably be anticipated

for discussion at a pretrial conference. If appropriate, the court may require that a party

or its representative be present or reasonably available by other means to consider

possible settlement.

(2) Matters for Consideration. At any pretrial conference, the court may consider and

take appropriate action on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or

defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid

unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence, and limiting the use of

testimony under M. R. Evid. 702;

(E) determining the appropriateness and timing of summary adjudication under

Rule 56;

(F) controlling and scheduling discovery, including orders affecting disclosures

and discovery under Rule 26 and Rules 29 through 37;

(G) identifying witnesses and documents, scheduling the filing and exchange of

any pretrial briefs, and setting dates for further conferences and for trial;

(H) referring matters to a master;

(I) settling the case and using special procedures to assist in resolving the dispute

when authorized by statute or local rule;

(J) determining the form and content of the pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing potentially difficult or protracted

actions that may involve complex issues, multiple parties, difficult legal questions,

or unusual proof problems;

(M) ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim,

third-party claim, or particular issue;

(N) ordering the presentation of evidence early in the trial on a manageable issue

that might, on the evidence, be the basis for a judgment as a matter of law under

Rule 50(a) or a judgment on partial findings under Rule 52(c);

(O) establishing a reasonable limit on the time allowed to present evidence; and

(P) the time for submission of proposed findings of fact and conclusions of law in

a non-jury action, or proposed instructions to the jury and the form of verdict in a

jury action; and

(Q) facilitating in other ways the just, speedy, and inexpensive disposition of the

action.

(d) Pretrial Orders. After any conference under this rule, the court should issue an order

reciting the action taken. This order controls the course of the action unless the court

modifies it.

(e) Final Pretrial Conference and Orders. The court may hold a final pretrial

conference to formulate a trial plan, including a plan to facilitate the admission of evidence.

The conference must be held as close to the start of trial as is reasonable, and must be

attended by at least one attorney who will conduct the trial for each party and by any

unrepresented party. The court may modify the order issued after a final pretrial conference

only to prevent manifest injustice.

(f) Sanctions.

(1) In General. On motion or on its own, the court may issue any just orders, including

those authorized by Rule 37(b)(2)(A)(ii)-(vii), if a party or its attorney:

(A) fails to appear at a scheduling or other pretrial conference;

(B) is substantially unprepared to participate -- or does not participate in good faith

-- in the conference; or

(C) fails to obey a scheduling or other pretrial order.

(2) Imposing Fees and Costs. Instead of or in addition to any other sanction, the court

must order the party, its attorney, or both to pay the reasonable expenses -- including

attorney fees -- incurred because of any noncompliance with this rule, unless the

noncompliance was substantially justified or other circumstances make an award of

expenses unjust.