Alaska

Civil Procedure

Rule 16 – Pretrial Conferences; Scheduling; Management

(a)Pretrial Conferences; Objectives. In any action, the court may in its discretion direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as:

(1) expediting the disposition of the action;

(2) establishing early and continuing control so that the case will not be protracted because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation; and

(5) facilitating the settlement of the case, including use of alternative dispute resolution procedures such as mediation, early neutral evaluation, arbitration, and settlement conferences.

(b)Scheduling Order.

(1) Except in categories of actions exempted under Rule 16(g), the judge shall enter a scheduling order that limits or establishes the time:

(A) to join other parties and to amend the pleadings;

(B) under AS 09.17.080,

(i) to specifically identify potentially responsible persons;

(ii) to move to join specifically identified potentially responsible persons; and

(iii) to move to determine whether a sufficient opportunity to join a potentially responsible person is lacking;

(C) to file motions;

(D) to disclose expert witnesses and reports required under Rule 26(a)(2);

(E) to supplement disclosures required under Rule 26(a);

(F) to identify witnesses and exhibits;

(G) to complete discovery; and

(H) for trial or the trial setting conference.

The scheduling order may also address:

(I) modification of the discovery limitations contained in these rules, including the length of depositions in light of the factors listed in Rule 30(d)(2), and the extent of discovery to be permitted;

(J) the date or dates for conferences before trial;

(K) the use and timing of an alternative dispute resolution procedure;

(L) the time to file any challenges to the reliability of scientific evidence;

(M) any issues related to proceedings to determine the amount of punitive damages; and

(N) disclosure or discovery of electronically stored information; and

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

The order shall issue as soon as practicable but in any event within 90 days after the appearance of the defendants or pursuant to a local uniform pretrial order issued and adopted according to the provisions of Administrative Rule 46. A schedule shall not be modified except upon a showing of good cause and by leave of court.

(2) The judge shall meet with the attorneys for the parties and any unrepresented parties prior to entering the scheduling order unless the judge determines that a conference is unnecessary or a local uniform pretrial order issued and adopted under Administrative Rule 46 establishes a different procedure. The court shall distribute notice of the conference date as soon as practicable after the appearance of the defendants. The conference may be held on or off the record.

(c)Subjects for Consideration at Pretrial Conferences. At any conference under this rule consideration may be given, and the court may take appropriate action, with respect to:

(1) the formulation and simplification of the issues, including the elimination of frivolous claims or defenses;

(2) the necessity or desirability of amendments to the pleadings;

(3) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence;

(4) the avoidance of unnecessary proof and of cumulative evidence, and limitations or restrictions on the use of testimony under Evidence Rule 702;

(5) the appropriateness and timing of summary adjudication under Rule 56;

(6) the control and scheduling of discovery, including orders affecting disclosures and discovery pursuant to Rule 26 and Rules 29 through 37;

(7) the identification of witnesses and documents, the need and schedule for filing and exchanging pretrial briefs, and the date or dates for further conferences and for trial;

(8) the advisability of referring matters to a master;

(9) settlement and the use of special procedures to assist in resolving the dispute when authorized by statute or local rule;

(10) the form and substance of the pretrial order;

(11) the disposition of pending motions;

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

(13) an order for a separate trial pursuant to Rule 42(b) with respect to a claim, counterclaim, cross-claim, or third-party claim, or with respect to any particular issue in the case;

(14) an order directing a party or parties to present evidence early in the trial with respect to a manageable issue that could, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a);

(15) an order establishing a reasonable limit on the time allowed for presenting evidence; and

(16) such other matters as may facilitate the just, speedy, and inexpensive disposition of the action.

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. If appropriate, the court may require that a party or its representative be present or reasonably available by telephone in order to consider possible settlement of the dispute.

(d)Final Pretrial Conference. Any final pretrial conference shall be held as close to the time of trial as reasonable under the circumstances. The participants at any such conference shall formulate a plan for trial, including a program for facilitating the admission of evidence. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.

(e)Pretrial Orders. After any conference held pursuant to this rule, an order shall be entered reciting the action taken. This order shall control the subsequent course of the action unless modified by a subsequent order. The order following a final pretrial conference shall be modified only to prevent manifest injustice.

(f)Sanctions. If a party or party’s attorney fails to obey a scheduling or pretrial order, or if no appearance is made on behalf of a party at a scheduling or pretrial conference, or if a party or party’s attorney is substantially unprepared to participate in the conference, or if a party or party’s attorney fails to participate in good faith, the judge, upon motion or the judge’s own initiative, may make such orders with regard thereto as are just, and among others any of the orders provided in Rule 37(b)(2)(B), (C), (D). In lieu of or in addition to any other sanction, the judge shall require the party or the attorney representing the party or both to pay the reasonable expenses incurred because of any noncompliance with this rule, including attorney’s fees, unless the judge finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.

(g)Actions Exempted from Rule 16(b) . The following categories of cases are exempted from the requirement of scheduling conferences and scheduling orders under Rule 16(b):

(1) special proceedings listed in Part XII of these rules, including habeas corpus petitions, forcible entry and detainer claims, and dissolution of marriage and divorce actions;

(2) paternity cases;

(3) custody cases;

(4) small claims cases;

(5) actions to enforce out-of-state judgments;

(6) eminent domain cases;

(7) proceedings for post-conviction relief under Criminal Rule 35.1; and

(8) proceedings to obtain a domestic violence protective order under AS 18.66.100 and AS 18.66.110 or a stalking protective order under AS 18.65.850 and AS 18.65.855.

Alaska R. Civ. P. 16

Adopted by SCO 5 October 9, 1959; amended by SCO 29 effective December 27, 1960; by SCO 49 effective January 1, 1963; by SCO 413 effective August 1, 1980; by SCO 865 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1172 effective July 15, 1995; by SCO 1266 effective July 15, 1997; by SCO 1318 effective July 15, 1998; by SCO 1403 effective October 15, 2000; by SCO 1425 effective April 15, 2001; by SCO 1437 effective October 15, 2001; by SCO 1529 effective November 5, 2003; by SCO 1569 effective October 15, 2005; by SCO 1647 effective October 15, 2007; and by SCO 1682 effective April 15, 2009.

Civil Rule 16(b)(1)(K) is intended specifically to govern challenges to scientific evidence brought under the standard set forth in State v. Coon, 974 P.2d 386 (Alaska 1999) (discussing Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Note to SCO 1647: The supreme court has approved pretrial procedures for Anchorage cases that vary from those specified in this rule. Civil Rule 16(b)(1) sets out the normal timing for issuance of a scheduling order and allows a validly-adopted local uniform pretrial order to set a different time. Civil Rule 16(b)(2) provides that a validly-adopted local uniform pretrial order may set a different procedure. As permitted under Civil Rule 16(b)(1), the superior court in Anchorage issues its scheduling order, Administrative Order 3AO-03-04 (Amended) at a different time. That Order also sets a different procedure under Civil Rule 16(b)(2). Administrative Order 3AO-03-04 (Amended), commonly referred to as the Anchorage Uniform Pretrial Order, was issued and adopted according to the provisions of Administrative Rule 46, and is available on the court systems website at http://www.courts.alaska.gov/orders-cr16- 26.htm.

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