E.D. Wash. LCivR 16

(a) Purposes of Pretrial Conference.

(1) through (4) [Reserved]

(5) Facilitating Settlement—Alternative Dispute Resolution.

(A) In General. Through the “Alternative Dispute Resolution Act of 1998,” 28

U.S.C. §§ 651–658, Congress has encouraged federal courts to review and

strengthen their alternative dispute resolution (ADR) programs. Such programs

may provide greater satisfaction to the parties, provide innovative methods of

resolving disputes, and increase efficiency in achieving settlements of civil cases.

Moreover, the adoption of congressional requirements for the priority scheduling

of criminal trials has placed substantially greater pressure on litigants, counsel,

and the Court.

(B) Settlement Negotiations. The parties in civil actions shall consider ADR,

Federal Rule of Civil Procedure 16(a)(5), (c)(1), (c)(2)(I), and be prepared to

discuss it at the time of the first scheduling conference with the Court. The Court

encourages the attorneys for all parties to the action, except nominal parties, to

meet at least once and engage in a good-faith attempt to negotiate a settlement of

the action.

(C) Court Annexed Program of Mediation. In selected cases, the presiding

judge may refer matters for mediation to a magistrate judge, a district judge, or a

bankruptcy judge designated by the Court. Matters referred shall be governed by

the directives in the Court’s scheduling order or standing order regarding

mediation. “Mediation” is a process whereby an impartial third party, the

mediator, facilitates communication between negotiating parties attempting to

reach an agreed settlement of their dispute. When appropriate, the mediator may

also offer an evaluation of the case or recommend a settlement. Whether a

settlement results from mediation is within the sole control of the parties.

(D) Participation and Preparation by Counsel. The attorney who is primarily

responsible for each party’s case shall personally attend the mediation conference

and any adjourned sessions of that conference. The attorney for each party shall

come prepared to discuss the following matters in detail and in good faith:

(i) All liability issues;

(ii) All damages issues; and

(iii) The position of the client relative to settlement.

(E) In Person Attendance. Attendance by a party and its representative with full

settlement authority at the mediation is mandatory, unless the mediator permits

otherwise.

(F) Failure to Attend. Willful failure to attend the mediation conference, unless

excused by the mediator, shall be reported to the Court by the mediator and may

result in sanctions.

(G) Parties Retain Option to Pursue Settlement. Nothing in this rule shall

prohibit parties from pursuing settlement by any other means not contrary to

statute or court rule.

(b) Scheduling.

(1) Scheduling Order. Except in the following categories of cases, the Court will issue a

scheduling order to govern all procedures conducive to the just, speedy, and

inexpensive resolution of the action:

(A) Bankruptcy appeals;

(B) Habeas corpus proceedings;

(C) Proceedings by the United States to recover benefits payments;

(D) Proceedings by the United States to recover student loans;

(E) Proceedings to enforce judgments;

(F) Proceedings to enforce an arbitration award;

(G) Proceedings to enforce or quash discovery arising from another district under

Federal Rule of Civil Procedure 37;

(H) Proceedings in which no defendant appears and judgment by default is sought;

and

(I) Proceedings for administrative inspections, warrants, summons, and subpoenas.

(2) Time to Issue. The Court will issue a scheduling order in accordance with Federal

Rule of Civil Procedure 16(b)(2). The Court may delay the issuance of a scheduling order

in those cases where not all defendants have been served or where a motion to dismiss has

been filed, including motions based on lack of jurisdiction, failure to state a claim,

immunity of a defendant, the statute of limitations, or any other defense that would

caution against starting the discovery and pretrial processes.

(3) Exception in Social Security Benefits Proceedings. In Social Security benefits

proceedings, once the administrative record has been filed, and unless the Court issues a

separate scheduling order, the parties shall abide by the briefing schedule contained in

Rules 6–8 of the Supplemental Rules for Social Security Actions in the Federal Rules of

Civil Procedure. A proposed briefing schedule need not be submitted to the Court if the

parties abide by the Supplemental Rules.

(4) Exception in Administrative, Non-Social Security, Benefits Proceedings. In

administrative benefits proceedings other than social security benefits proceedings, once

the administrative record has been filed, the parties shall promptly confer and file a

“Stipulated Motion for Scheduling Order” outlining their proposed briefing schedule for

cross-motions for summary judgment.

(c) through (d) [Reserved]

(e) Final Pretrial Conference and Orders.

At a time and in the manner the Court directs, the parties shall submit a proposed pretrial order in

substantially the following format:

Title of Court and Cause No.

PRETRIAL ORDER

A pretrial conference was held in the above entitled cause on [month] [day], [year] with

Judge [name] presiding. Plaintiff was represented by [name(s)] and defendant by

[name(s)], their respective attorneys of record. The following pretrial order has been

formulated and settled as follows:

NATURE OF PROCEEDINGS AND STATEMENT OF JURISDICTION

[insert statement]

The following facts are agreed upon by the parties and require no proof:

1.

2.

etc.

PLAINTIFF’S CONTENTIONS

Plaintiff’s contentions as to disputed issues are as follows:

1.

2.

etc.

DEFENDANT’S CONTENTIONS

Defendant’s contentions as to disputed issues are as follows:

1.

2.

etc.

ISSUES OF FACT

The following are the issues of fact to be determined by trial:

1.

2.

etc.

ISSUES OF LAW

The following are the issues of law to be determined by the Court:

1.

2.

etc.

EXHIBITS

The following exhibits may be received in evidence, if otherwise admissible, without

further authentication, it being admitted that each is what it purports to be:

Plaintiff’s Exhibits:

1.

2.

etc.

Defendant’s Exhibits:

1.

2.

etc.

The following plaintiff exhibits are objected to by defendant:

1.

2.

etc.

The following defendant exhibits are objected to by plaintiff:

1.

2.

etc.

Other than for impeachment purposes, the only exhibits admitted at trial will be exhibits

identified herein or on a supplemental list filed at least 14 days before trial, or at such earlier date

as may have been set by the Court, which supplemental list shall bear counsel’s certificate that

opposing counsel has had an opportunity to examine the exhibits.

Objections to exhibits, except as to relevancy, must be heard prior to trial.

WITNESSES

The following witnesses may be called by plaintiff (if expert, give field of expertise):

1.

2.

etc.

The following witnesses may be called by defendant (if expert, give field of expertise):

1.

2.

etc.

Other than for rebuttal purposes, no witnesses may be called unless listed above.

RELIEF SOUGHT

[insert statement]

TRIAL

The parties estimate [insert number] days trial time. The parties stipulate and agree to the

following:

[An alternate juror is recommended.]

[If a juror is excused during trial for good cause, the parties stipulate to a verdict

by five jurors.]

[No stipulation reached by the parties.]

Unless otherwise specified in a scheduling order, proposed instructions and trial

memoranda shall be filed and served at least 7 days prior to commencement of trial.

ACTION BY THE COURT

The Court has made the following rulings: (any relevant ruling made by the Court)

1.

2.

etc.

It is ORDERED that the foregoing constitutes the pretrial order in the case and that upon

the filing hereof all pleadings pass out of the case and are superseded by this Order. This

Order may be amended by consent of the parties and approval by the Court or by the

Court to prevent manifest injustice.

DATED [month] [day], [year].

______________________

United States District Judge

(f) [Reserved]