Rule 16.2. Case management conferences, scheduling orders and pretrial conferences

(a) Case management conferences and scheduling orders.

(1) In all actions, except in any action for good cause shown, divorce cases where ancillary jurisdiction is not requested and actions related to child support, child protection registry, and protection from abuse, an initial case management conference shall be held as soon as practicable for such purposes as: expediting disposition of the action; entering appropriate interim orders, establishing early and continuing control so that the case will not be protracted because of lack of management; discouraging wasteful pretrial activities; improving the quality of the trial through more thorough preparation; and facilitating settlement. Upon motion and order of the Court, a case management conference may be held in any case.

(2) After consulting with the parties' attorneys and any unrepresented parties at the initial case management conference, the judicial officer shall, unless the judicial officer finds good cause for delay, issue a scheduling order within the later of 90 days after any respondent has been served with the petition or 60 days after mediation, but in no event shall the scheduling order be issued later than 120 days from service.

(3) The Court shall enter a scheduling order that either establishes or limits the time:

(A) To amend the pleadings;

(B) To file and hear motions; and

(C) To complete discovery.

(4) The scheduling order may:

(A) Modify the extent of discovery;

(B) Establish or limit the time to engage in compulsory alternative dispute resolution pursuant to Rule 16.3;

(C) Provide for disclosure, including the use of expert witnesses, discovery, or preservation of electronically stored information;

(D) Include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced;

(E) Provide the date by which any required reports are to be filed with the Court;

(F) Set the dates for pretrial conferences and trial; and

(G) Include other appropriate matters.

(5) A scheduling order may be modified only for good cause and with the judicial officer's consent.

(b) Pretrial conferences.

(1) Unless otherwise ordered, attorneys of record and parties, whether represented or unrepresented, are required to appear at a pretrial conference. Upon the filing of a motion and for good cause shown, a judicial officer may permit a party to appear telephonically.

(2) For any matter in which alternative dispute resolution is required, alternative dispute resolution shall be completed prior to the pretrial conference.

(3) 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 Delaware Uniform Rule of Evidence 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 any further conferences and for trial;

(H) Settling the case and otherwise assisting in resolving the dispute;

(I) Determining the form and content of the pretrial order;

(J) Disposing of pending motions;

(K) Adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

(L) Ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, third-party claim, or particular issue;

(M) Establishing a reasonable limit on the time allowed to present evidence;

(N) Facilitating in other ways the just, speedy, and inexpensive disposition of the action; and

(O) Any other appropriate action.

(4) After any conference under this rule, the Court may issue an order reciting the action taken. This order controls the course of the action unless the Court modifies it.

(5) Upon motion of either party or at the Court's discretion, the Court may hold an additional pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. If an additional pretrial conference is held, attorneys of record and parties, whether represented or unrepresented, are required to appear.

(c) Continuances. Requirements regarding continuances of case management conferences and pretrial conferences shall be the same as those for continuances of trial in Rule 40.

(d) Sanctions.

(1) In general. On motion or on its own, the Court may issue any just orders, including those authorized by Rule 37, if a party or his or her attorney:

(A) Fails to appear at a case management conference or 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 pretrial order.

(2) Imposing fees and costs. Instead of or in addition to any other sanction, the Court shall order the party, his or her attorney, or both to pay the reasonable expenses — including attorney's fees — incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust. History. Added, Oct. 5, 2017, effective Jan. 1, 2018.