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Scheduling Order And Discovery Plan - And Worksheet - Iowa
| Scheduling Order And Discovery Plan - And Worksheet Form. This is a Iowa form and can be used in Northern And Southern District Court Federal . |
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U.S. DISTRICT COURTS FOR THE NORTHERN/SOUTHERN DISTRICTS OF IOWA INSTRUCTIONS AND WORKSHEET FOR PREPARATION OF SCHEDULING ORDER AND DISCOVERY PLAN Effective December 1, 2009 ORDER REQUIRING SUBMISSION OF SCHEDULING ORDER AND DISCOVERY PLAN Please carefully review the Local Rules, revised as of December 1, 2009, for a more complete description of the District's requirements for pretrial case management (available at www.iand.uscourts.gov or www.iasd.uscourts.gov ). IT IS ORDERED THAT counsel for the parties shall confer, as required by Federal Rules of Civil Procedure 16 and 26 and Local Rules 16 and 26, and submit to the Clerk of Court on the attached form a stipulated proposed scheduling order and discovery plan. If counsel are not able to agree upon the deadlines required to complete the form or are requesting deadlines significantly beyond those suggested in the form, or if the case involves any special issues that require the early attention of the court, counsel should, in paragraph 11 of the form, request a Rule 16(b) and 26(f) scheduling and planning conference with the court. /S/ ____________________________________ U.S. MAGISTRATE JUDGE Follow this worksheet at your Rule 16(b) and 26(f) conference. The deadlines referred to in the worksheet are suggested deadlines except for the dispositive motion deadline, which MUST be at least 120 days before the trial ready date. File only the attached two-page proposed scheduling order and discovery plan. DO NOT FILE THE WORKSHEET. 1 INITIAL DISCLOSURES AND ELECTRONICALLY STORED INFORMATION: State whether the parties (a) entered into an agreement at the Rule 26(f) conference resolving all issues relating to the Federal Rule of Civil Procedure 26(a)(1) initial disclosures in this action, and (b) discussed the preservation, disclosure, and discovery of electronically stored information. _____ yes _____ no 1 WORKSHEET DO NOT FILE WORKSHEET American LegalNet, Inc. www.FormsWorkFlow.com If any party objected at the Rule 26(f) conference either to making the initial disclosures or to the timing of the initial disclosures, then within 10 days after the scheduling order and discovery plan is filed, the objecting party must serve and file a document in which the objections are set forth with particularity. If the parties have entered into an agreement concerning the timing of the initial disclosures, state the date by which the initial disclosures will be made. ________________________________ (insert date) Unless a different deadline is set by agreement of the parties or court order, or unless a party objects to making the initial disclosures or to the timing of the initial disclosures, Local Rule 26.a requires that the initial disclosures be made within 14 days after the Rule 26(f) conference. Federal Rule of Civil Procedure 26(a)(1) requires that the parties must, without awaiting a discovery request, provide to other parties: (A) the name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information; (B) a copy of, or a description by category and location of, all documents, electronically stored information, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment; (C) a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and (D) for inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. If the parties have any other disputes concerning initial disclosures or the preservation, disclosure, or discovery of electronically stored information, or are aware of any other issues relating to scheduling or planning that might benefit from the early intervention of the court, the parties may, in paragraph 11 of the proposed scheduling order and discovery plan, request a court-sponsored pretrial discovery and planning conference. 2 WORKSHEET DO NOT FILE WORKSHEET American LegalNet, Inc. www.FormsWorkFlow.com 2. ADDING PARTIES: State the deadline for filing motions to add parties. ________________________________ (insert date) This deadline should be no more than 2 months after the date the proposed scheduling order and discovery plan is submitted to the court. 3. AMENDING PLEADINGS: State the deadline for filing motions to amend pleadings. ________________________________ (insert date) This deadline should be no more than 2 months after the date the proposed scheduling order and discovery plan is submitted to the court. 4. EXPERT WITNESSES: State the deadlines for the parties to disclose, in accordance with Federal Rule of Civil Procedure 26(a)(2)(A) and (B), all "expert witnesses" who may be used at trial to present evidence under Federal Rules of Evidence 702, 703, or 705. Plaintiff's experts: Defendant's experts: ________________________________ (insert date) ________________________________ (insert date) Plaintiff's rebuttal experts: ________________________________ (insert date) The deadlines for the plaintiff to disclose experts, for the defendant to disclose experts, and for the plaintiff to disclose rebuttal experts should be no more than 3 months, 5 months, and 6 months, respectively, after the date the proposed scheduling order and discovery plan is submitted to the Clerk of Court. Except as otherwise stipulated by the parties or ordered by the court, the parties must, by these deadlines, disclose to the other parties: (a) the identity of each expert witness; and (b) a written report prepared and signed by each expert witness, as required by Federal Rule of Civil Procedure 26(a)(2)(B). The report must contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or su
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