Assignment of Civil Cases to the Trial Calendar in Providence County

2011-07Risuperct

Texte intégral

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PROVIDENCE, SC. 	SUPERIOR COURT
ADMINISTRATIVE ORDER NO. 2011-07
RE: 	ASSIGNMENT OF CIVIL CASES TO THE TRIAL CALENDAR IN
PROVIDENCE COUNTY
Effective May 1, 2011, any motion to assign a civil matter to the continuous jury
trial calendar or the continuous non-jury trial calendar in Providence County, other than
cases assigned to the Business Calendar or medical malpractice actions governed by
Administrative Orders 2009-25 and 2009-26, must contain a certification, signed by the
moving party/parties or counsel of record for the moving party/parties, in the following
form:
The undersigned hereby certifies that the moving party’s discovery in the
within matter is substantially complete and that the moving party is ready
to proceed to trial. 	Unless objection is served and filed at least three (3)
days before the time specified for hearing the motion, the motion shall be
deemed to be granted by Rule of Court. 	Any non-moving party’s failure
to serve and file an objection to this motion, as provided by the Rules of
Civil Procedure, constitutes the non-moving party’s certification that
discovery in this matter is substantially complete and that the non-moving
party is ready to proceed to trial. “Substantially complete” as it relates to
this certification means that there is no outstanding discovery that will
delay trial when the matter is reached for trial.
A Motion to Assign without certification filed in any case other than those
exempted under this Order, will be deemed improper and the case will remain
unassigned.
After the granting of a motion to assign, after hearing or by Rule of Court, or as
further directed by the Court, a conference shall be scheduled before such
Justice(s)/Magistrate(s) of this Court as shall be designated from time to time for this
purpose by the Presiding Justice.
The conference shall be conducted pursuant to Super. R. Civ. P. 16 and R.P. 2.4
and shall address the matters as set forth therein. Three (3) days prior to the scheduled
date of such conference, all parties or designated trial counsel for the parties shall file
with the Court, with a copy to the Justice/Magistrate designated to conduct such
conference, a brief summary of the facts, contentions and/or defenses in the case, in the
form as set forth in Exhibit 1 annexed hereto.
Designated trial counsel shall participate in all such conferences conducted
hereunder or shall designate an attorney to appear in such counsel’s place, in which case
such designee shall possess sufficient knowledge and authority concerning the matter to
participate meaningfully in the conference. Each party shall, in advance of the
conference, confer or attempt in good faith to confer, with all other parties in the case to
seek agreement regarding the matters to be addressed at the conference. Any party
failing or refusing to participate in conference(s) conducted under this order in a good
faith and meaningful manner may be subject to sanctions. Upon the conclusion of the
conference, the matter shall be either: (a) scheduled for trial by the Case Scheduling
Office; or (b) scheduled for a settlement conference or other form of alternative dispute
resolution. The Justice/Magistrate conducting the conference shall enter such scheduling
or other pre-trial order(s) as deemed appropriate to the matter.
Upon a jointly filed written submission signed by all parties, the
Justice/Magistrate conducting such conference may, upon good cause shown and in the
exercise of her or his discretion, determine that such conference is unnecessary, or may
conduct such conference telephonically if she or he deems it appropriate.
This order shall not preclude any party from requesting a scheduling conference
by filing a motion on the civil motion calendar requesting that relief.
BY ORDER OF:
___________________________
ALICE BRIDGET GIBNEY
PRESIDING JUSTICE
Dated:
EXHIBIT 1
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PROVIDENCE, SC. 	SUPERIOR COURT
___________________________,
Plaintiff(s)
v.
___________________________,
Defendant(s)
C.A. No. _____________
RULE 16 CONFERENCE STATEMENT
I. 	CASE DESCRIPTION (Provide a brief description of nature of the case; provide summary
of facts/contentions/defenses):
II. 	DISPOSITIVE MOTIONS:
Are dispositive motions scheduled?
When?
Will dispositive motions be scheduled
When?
Yes/No
____________________________
Yes/No
____________________________
III. 	TRIAL WITNESSES/EXHIBITS:
Number of fact witnesses at trial?
How many are out of state?
Number of expert witnesses at trial?
How many are out of state?
Have all fact witness depositions been completed?
If no, which fact witness depositions must be
completed?
When?
Have all expert witness depositions been completed?
If no, which expert depositions must be completed?
When?
Are there agreed upon facts?
Are there agreed upon contentions?
____________________________
____________________________
____________________________
____________________________
Yes/No
____________________________
____________________________
Yes/No
____________________________
____________________________
Yes/No
Yes/No
IV. 	TRIAL ISSUES:
Are amendments to the pleadings appropriate?
Will there be motions in limine?
If yes, briefly describe.
Number of trial days expected?
Yes/No
Yes/No
____________________________
____________________________
V. 	ALTERNATIVE DISPUTE RESOLUTION:
Has this case been mediated/arbitrated?
If so, when?
Is mediation/arbitration scheduled?
If so, has the neutral been selected?
Who is the neutral?
What is the date scheduled?
Yes/No
____________________________
Yes/No
Yes/No
____________________________
____________________________
VI. 	OTHER ISSUES (Describe any special circumstances, facts or unique issues particular to
the parties or of assistance to the Court):
VII. 	CERTIFICATION:
The undersigned hereby certifies that he/she has read this Rule 16 Conference
Statement and that the information presented herein is true and correct to the best of the signer’s
knowledge, information and belief formed after reasonable inquiry.
Submitted by:
[PARTY]
By Its Attorneys,
[LAW FIRM]
_____________________________________
[Name]
[Address]
[Telephone]
[Facsimile]
DATED: ___________________ 	[Email]

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