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Tennessee Judge Claxton's Rule 16(b) Scheduling Conference Instructions

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Tennessee
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TN-SKU-0317
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Judge Claxton's Rule 16(b) Scheduling Conference Instructions

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FAQ

The opposing parties must meet and confer at least 21 days before the scheduling conference with the court in order to work out agreements on the preservation of electronically stored information (ESI), the forms of ESI production, the methods that will be employed to filter out irrelevant information, and protection

Contempt for Willful Noncompliance with Rules. For a willful noncompliance with any material and substantive requirement of these rules, an attorney, trial court clerk, court reporter, or other officer of the court may be held in contempt of court by this court after reasonable notice.

An Attorney Good Standing Certificate issued by the Western District of Tennessee is legal proof that the Attorney has fulfilled all requirements to practice before that Court.

Under Rule 26(f), parties must ?meet and confer? at least 21 days before a scheduling conference is held or a scheduling order is due under Rule 16(b). Rule 16(b)(2) states that the Judge must issue the scheduling order within 120 days of when the complaint was served.

Rule 16 provides for the timing of a judge to arrange a pretrial conference with attorneys and any unrepresented parties and to issue a scheduling order. Prior to the Rule 16 conference with the judge, the attorneys for the parties will meet among themselves and prepare a proposed order pursuant to Rule 26(f).

Upon a defendant's request, the government must furnish the defendant with a copy of the defendant's prior criminal record that is within the government's possession, custody, or control if the attorney for the government knows-or through due diligence could know-that the record exists.

Upon a defendant's request, the state shall furnish the defendant with a copy of the defendant's prior criminal record, if any, that is within the state's possession, custody, or control if the district attorney general knows?or through due diligence could know?that the record exists.

Rule 16(c)(10) authorizes the use of special pretrial procedures to expedite the adjudication of potentially difficult or protracted cases. Some district courts obviously have done so for many years.

More info

RULE 16(b) SCHEDULING CONFERENCE. When the court has not ordered a conference, any party may require the scheduling of such conference on written notice served at such time in advance.In every case assigned to a specific calendar or a specific judge, the court must hold an initial scheduling and settlement conference as soon as practicable. (A) Required Contents. The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions. (b) Scheduling; Triggering Events. (1) Triggering Events. (b) Scheduling Order. After any conference held pursuant to this rule, an order shall be entered reciting the action taken. (5) facilitating the settlement of the case.

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Tennessee Judge Claxton's Rule 16(b) Scheduling Conference Instructions