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Idaho Rules of Civil Procedure Rule 16(a). Scheduling conferences and scheduling orders.

A scheduling conference shall be held within 30 days after an answer or notice of appearance is filed. When one or more defendants have been served, but no appearance has been made, a scheduling conference or status conference shall be set no later than three months after a complaint is filed. Except in cases found by order of the court as inappropriate, the district judge or magistrate, after consulting with the attorneys for the parties and any unrepresented parties, by a scheduling conference, shall enter a scheduling order that:

 

(1) Limits the time: to join other parties and amend the pleadings; to file and hear dispositive motions; to complete discovery; and, to disclose expert witnesses and the substance of their anticipated testimony; and

 

(2) Sets dates for other conferences, including pre-trial conference(s) and a trial date, unless good cause exists for not setting a trial date. Attorneys are responsible for maintaining their availability for the trial date set.

 

(3) Appoints a special master under Rule 53 to assist the parties in the management of any discovery provided for in the Idaho Rules of Civil Procedure, where appropriate;

 

(4) Sets a date certain for ADR to be completed as appropriate; and

 

(5) Addresses any other matters appropriate in the circumstances of the case.

 

The scheduling order shall be issued as soon as practical. The deadlines set forth with respect to section ( 1) above shall not be modified except by leave of the district judge or magistrate upon a showing of good cause or by stipulation of all the parties and approval of the court. The deadlines set forth with respect to section (2) above shall not be modified except by leave of the district judge or magistrate upon a showing of good cause.

 

(Adopted March 28, 1986, effective July 1, 1986; amended April 19, 1995, effective July 1, 1995; repealed and replaced April 2, 2014, effective July 1, 2014.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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