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24 Cards in this Set
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Ala. R. Civ. P. 16
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Rule 16 "Pretrial Conferences; Scheduling; Management." (a) Pretrial Conferences; Objectives (b) Scheduling and Planning. (c) Subjects to Be Discussed at Pretrial Conferences. (d) Final Pretrial Conference (e) Pretrial Orders. (f) Sanctions. (dc) District Court Rules
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Ala. R. Civ. P. 16(a)
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"Pretrial Conferences; Objectives": Five specified objectives include (1) expediting disposition; (2) establish management control; (3) discouraging wasteful pretrial activity; (4) more thorough preparation to improve trial quality; (5) facilitate settlement
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Ala. R. Civ. P. 16(a) Notice of a Rule 16 conference by a party when not ordered by the court
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When the court has not ordered a Rule 16 conference, any party may require the scheduling of a Rule 16 conference on written notice served at such time in advance of trial so as to permit the conference to take place at least twenty-one (21) days before the case is set for trial.
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Ala. R. Civ. P. 16(b)
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"Scheduling and Planning": The Scheduling Order lists seven items for which the court may set deadlines or dates including (1) joining parties and amending pleadings; (2) filing and hearing motions; (3) completing discovery; (4) conference dates, a final pretrial conference, and the trial date; (5) provisions for ESI discovery; (6) agreements the parties reach regarding privilege or work-product; and (7) other appropriate matters given circumstances of the case.
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Ala. R. Civ. P. 16(b) Modification of a Scheduling Order
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Only by leave of court upon a showing of good cause.
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Ala. R. Civ. P. 16(c) Pretrial Conference Subjects 1-6
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"Subjects to Be Discussed at Pretrial Conferences" specifies eleven (11) items: (1) issues formulation and simplification; (2) pleading amendments; (3) admissions of fact and documents to avoid unnecessary proof, stipulations to document authenticity and advance rulings on admissibility of evidence; (4) avoidance of unnecessary proof and of cumulative evidence; (5) identification of witnesses and documents, filing and scheduling pretrial briefs, and follow-on dates for conferences and trial; (6) the need for a magistrate or a master; and (7)-(11) in another card.
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Ala. R. Civ. P. 16(c) Pretrial Conference Subjects 7-11
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"Subjects to Be Discussed at Pretrial Conferences" specifies eleven (11) items: (1)-(6) in another card, and (7) settlement, extrajudicial resolution including mediation; (8) the Pretrial Order; (9) disposition of pending motions; (10) the need for special procedures for trial complexities; and (11) any other items that may aid disposition.
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Ala. R. Civ. P. 16(c) Authority of attorneys in Rule 16 conferences
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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.
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Ala. R. Civ. P. 16(d)
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"Final Pretrial Conference." To be held as close to trial date as reasonable; formulation of a trial plan including the admission of evidence; attended by at least one attorney per party and any unrepresented parties.
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Ala. R. Civ. P. 16(e)
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"Pretrial Orders." Rule 16 conferences generate pretrial orders; The order following a final pretrial conference shall be modified only to prevent manifest injustice.
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Ala. R. Civ. P. 16(f)
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"Sanctions." The court may order sanctions for failing to participate satisfactorily in the Rule 16 process. In lieu of or in addition to any other sanction, the judge shall require the party of the attorney representing the party or both to pay the reasonable expenses incurred because of any noncompliance with this rule, including attorney fees, unless the judge finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.
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Ala. R. Civ. P. 37 Rule 37(b)(2)(B), (C), (D)
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Rule 37 is Sanctions for Failure to Make Discovery; (b) is "Failure to Comply with Order"; (2) is "Sanctions by Court in Which Action is Pending." (B) is an order refusing to allow the disobedient party to litigate the relevant issues; (C) is an order striking relevant elements of the pleadings, or staying further proceedings until the discovery order is obeyed, dismissal or default against the disobedient party; (D) is an order of contempt of court (except in orders for physical or mental examinations)
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Ala. R. Civ. P. 16(dc)
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District Court Rules for Pretrial Conferences; the district court may call a pretrial conference to simplify the issues, determine the possibility of obtaining admissions of fact and documents avoiding unnecessary proof, and other matters that may help dispose of the case.
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Ala. R. Civ. P. 40
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Assignment of Cases for Trial. (a) Setting of Cases. (b) Notice. (dc) District Court Rule
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Ala. R. Civ. P. 40(a) When a trial of actions shall be set on a trial docket or by written order.
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[A]t least sixty (60) days before the date set for trial, except for seven exceptions: (1) when justice requires, continuance to a date less than sixty (60) days from a previous trial date; (2) where a shorter period of time is available under Rule 55 ("Default") or (3) Rule 65 ("Injunctions"); (4) domestic relations cases; (5) where an individual's liberty is at issue; (6) an appeal to the circuit court for de novo review or (7) where a shorter period of time is otherwise provided by law, these rules, or agreed to by all of the parties.
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Ala. R. Civ. P. 40(a) How many days shall a trial of actions be set on a trial docket or by written order in general, an appeal to circuit court for de novo review, and in district court?
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[A]t least sixty (60) days, at least thirty (30) days, and at least fourteen (14) days
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Ala. R. Civ. P. 40(a)(6) Time period between setting and trial date for circuit court de novo review.
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Assignment of Cases for Trial. Setting of Cases. An action appealed to the circuit court for de novo review. In this event the time period between setting and trial date shall be at least thirty (30) days.
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Ala. R. Civ. P. 40(b)
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"Notice" Within three (3) days after the setting of the trial date, the clerk shall notify all out-of-county attorneys of record by personal service or by mail.
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Ala. R. Civ. P. 40(dc)
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The trial of actions shall be set by entry on a trial docket or by written order at least fourteen (14) days before the date set for trial, except where a shorter period of time is available under Rule 55 ("Default") or where a shorter period of time is otherwise provided by law, these rules, or agreed to by all of the parties. The clerk shall notify all parties.
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Ala. R. Civ. P. 42
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Consolidation: Separate Trials (a) Consolidation; (b) Separate Trials; (dc) District Court Rule
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Ala. R. Civ. P. 42(a)
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The court may consolidate actions involving a common question of law or fact
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Ala. R. Civ. P. 42(b)
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The court may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or of any separate issue of any number of claims, cross-claims, counterclaims, third-party claims, or issues, always preserving the right to jury trial.
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Ala. R. Civ. P. 42(dc)
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Rule 42 applies in the district courts.
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Ala. Const. art. 1 sect. 11
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That the right of trial by jury shall remain inviolate.
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