Statement of the case for Rule 16 conference



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|Name |

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|Address |

| |

|City, State Zip |

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|Phone Number |

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|Email |

|In the District Court of Utah |

|______________ Judicial District, ______________ County |

|________________________________________________________________________________ |

|Court Address |

|_______________________________________, |Statement of the case for Rule 16 conference |

|Plaintiff |____________________________________ |

|vs. |Case Number |

|_______________________________________, |____________________________________ |

|Defendant |Judge |

The statement of the case may be no more than 10 pages. The purpose of the statement is not to convince the judge of the merits of any claim or defense, but rather to describe the case and what discovery is needed so that the judge can decide on a reasonable management order.

(1) Identification of lead counsel.

(2) Party’s factual claims.

(3) Party’s legal theories.

(4) Is there a good reason not to refer this case to mediation?

(5) What are the core issues?

(6) What information is needed about those issues?

(7) What is the relevance of particular evidence to the core issues?

(8) What information is needed to make intelligent settlement negotiations possible?

(9) What are the best sources for that information?

(10) Will discovery include electronically stored information? What types of discoverable information are in electronic form? What should be the schedule for production? In what form is ESI ordinarily maintained and will it be produced in that form or in another form? Where and on what type of media is ESI maintained? Who are the key people knowledgeable about discoverable ESI and the servers or devices on which it is maintained? What steps are being taken to preserve ESI? Has ESI been deleted? Can it be restored? Does it need to be restored? Who will bear the cost of restoring it? What are the most efficient methods of identifying discoverable ESI (e.g., sampling, key word searches)? What ESI is not reasonably accessible? What are the costs of retrieving that information? Why it is needed? What conditions should be placed on its production? Who will bear the cost of production? Is there need for a special master, consultant or technician?

(11) Who are the critical witnesses? What are the critical documents?

(12) What is a reasonable timeline for obtaining that information?

(13) What is the likelihood that discovery will be the subject of a protective order?

(14) Should some elements of discovery proceed before others?

(15) Proposed dates for various case milestones:

|(A) Status conferences: | |

|(B) Amended pleadings. The last day to file an amended pleading: | |

|(C) Joinder. The last day to join parties: | |

|(D) Fact discovery. The last day to complete fact discovery: | |

|(E) Expert discovery. The last day to complete expert discovery: | |

|(F) Mediation. The last day to complete mediation efforts: | |

|(G) Dispositive motions. The last day to file a dispositive motion: | |

|(H) Motions in limine and jury instructions. The last day to file a motion in limine and submit | |

|requested jury instructions: (At least 35 days before the final pretrial conference.) | |

|(I) Final pretrial conference: | |

|(J) Trial date. (optional) |Begin date: ___________ |

| |End date: _____________ |

| |Sign here ► | |

|Date | | |

| | |Typed or Printed Name |

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