Print MeLR 16.1 Control Of Pretrial Procedure By Individual Judges
(a) Each Judge and Magistrate Judge may prescribe such pretrial procedures, consistent with the Federal Rules of Civil Procedure and with these rules, as the Judge or Magistrate Judge may determine appropriate.
(b) The time for any conference authorized by LR 16.2-16.6 shall be determined by the Judge or Magistrate Judge who orders the conference. Reasonable notice shall be given to all parties to the action of the time for the conference.
(c) At any conference authorized by LR 16.2-16.6 the Judge or Magistrate Judge may order the attorneys, the parties, representatives of the parties, and representatives of insurance companies whose coverage may be applicable to appear.
(d) To comply with Section 651 and 652 of Title 28 United States Code, (the Alternative Dispute Resolution Act of 1998) and to encourage and promote the use of alternative dispute resolution in this district, in each civil case, not exempted by Local Rule 26.1(f)(3), the litigants shall consider the use of Alternative Dispute Resolution. At the meeting required by Rule 26(f) of the Federal Rules of Civil Procedure, and Local Rule 26.1(f) the parties shall discuss whether Alternative Dispute Resolution will be helpful to the resolution of the case, and report their recommendation to the court regarding Alternative Dispute Resolution in their Rule 26(f) Report. See Form 3 at Section(I)(3).
(e) Pursuant to Section 651 of Title 28 United States Code, (the Alternative Dispute Resolution Act of 1998), the Chief Magistrate Judge is hereby designated the Alternative Dispute Resolution administrator for the District of Minnesota.
[Adopted effective February 1, 1991; amended November 1, 1996; amended January 3, 2000]
1999 Advisory Committee’s Note to LR 16.1
The Alternative Dispute Resolution Act of 1998 requires that each district implement an ADR program to encourage and promote the use of Alternative Dispute Resolution in the District. The Act further requires that the Court designate an ADR Administrator which may a judicial officer or court employee who is knowledgeable in alternative dispute resolution practices and processes to implement administer, oversee and evaluate the court’s alternative dispute resolution program. Title 28 United State Code, Sections 651; 652) Local Rule 16.1(d)and (e) are designed to comply with the mandate of the Act in these respects.
1996 Advisory Committee’s Note to LR 16.1
The Civil Justice Reform Act Implementation Plan (CJRA Plan) adopted by the District Court observes that early and ongoing judicial control of the pre-trial process promotes efficient case management. Local Rules 16.1 through 16.8 are designed to implement many of the provisions of the CJRA Plan. These Local Rules codify many of the Court's past practices by defining with some particularity some of the more useful ways in which the Court has employed the Rule 16 conference to manage cases. The Rules are also designed to provide some uniformity among the judicial officers of the Court without sacrificing the flexibility Fed. R. Civ. P. 16 is intended to encourage.
LR 16.1 authorizes each Judge to manage his or her own docket by the adoption of any pre-trial procedures which are consistent with the Federal Rules of Civil Procedure and these Local Rules. The Rule also requires that reasonable notice of the time for the conference be given to all parties and makes clear that the Court has the power to order the attendance at any conference those whose attendance is necessary to accomplish the business of the conference.