Anexo III - Regras 16, 26 e 53, Federal Rules of Civil Procedure
| Autor | Marcus Vinicius Kiyoshi Onodera |
| Páginas | 195-211 |
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ANEXO III - REGRAS 16, 26 E 53,
FEDERAL RULES OF CIVIL PROCEDURE
(…)
Rule 16 – Pretrial Conferences; Scheduling; Management
(a)Purposes of a Pretrial Conference. In any action, the court may order the
attorneys and any unrepresented parties to appear for one or more pretrial
conferences for such purposes as:
(1) expediting disposition of the action;
(2) establishing early and continuing control so that the case will not be pro-
tracted because of lack of management;
(3) discouraging wasteful pretrial activities;
(4) improving the quality of the trial through more thorough preparation; and
(5) facilitating settlement.
(b)Scheduling.
(1)Scheduling Order. Except in categories of actions exempted by local rule,
the district judge—or a magistrate judge when authorized by local rule—must
issue a scheduling order:
(A) aer receiving the parties’ report underRule 26(f); or
(B) aer consulting with the parties’ attorneys and any unrepresented parties
at a scheduling conference.
(2)Time to Issue. e judge must issue the scheduling order as soon as prac-
ticable, but unless the judge nds good cause for delay, the judge must issue
it within the earlier of 90 days aer any defendant has been served with the
complaint or 60 days aer any defendant has appeared.
(3)Contents of the Order.
(A) Required Contents. e scheduling order must limit the time to join other
parties, amend the pleadings, complete discovery, and le motions.
(B) Permitted Contents. e scheduling order may:
(i) modify the timing of disclosures underRules 26(a) and 26(e)(1);
(ii) modify the extent of discovery;
(iii) provide for disclosure, discovery, or preservation of electronically stored
information;
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(iv) include any agreements the parties reach for asserting claims of privilege
or of protection as trial-preparation material aer information is produced,
including agreements reached underFederal Rule of Evidence 502;
(v) direct that before moving for an order relating to discovery, the movant
must request a conference with the court;
(vi) set dates for pretrial conferences and for trial; and
(vii) include other appropriate matters.
(4)Modifying a Schedule. A s chedule may be modied only for good cause and
with the judge’s consent.
(c)Attendance and Matters for Consideration at a Pretrial Conference.
(1)Attendance. A represented party must authorize at least one of its attor-
neys to make stipulations and admissions about all matters that can reasonably
be anticipated for discussion at a pretrial conference. If appropriate, the court
may require that a party or its representative be present or reasonably available
by other means to consider possible settlement.
(2)Matters for Consideration. At any pretrial conference, the court may con-
sider 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 underFederal Rule of Evidence 702;
(E) determining the appropriateness and timing of summary adjudication un-
derRule 56;
(F) controlling and scheduling discovery, including orders aecting disclo-
sures and discovery underRule 26andRules 29through37;
(G) identifying witnesses and documents, scheduling the ling and exchange
of any pretrial briefs, and setting dates for further conferences and for trial;
(H) referring matters to a magistrate judge or a master;
(I) settling the case and using special procedures to assist in resolving the dis-
pute when authorized by statute or local rule;
(J) determining the form and content of the pretrial order;
(K) disposing of pending motions;
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