Local Rules for Civil Cases in the Eleventh Circuit Court District
RE: Civil Cause No.
ORDER SETTING DEADLINES FOR DISCOVERY , HEARING
ON PRELIMINARY MATTERS AND PRETRIAL STATEMENT
By direction of the court, IT IS ORDERED as follows:
1.(a) That counsel in above numbered cause shall initiate and complete all discovery authorized by the Mississippi Rules of Civil Procedure on or before on-hundred twenty (120) days after service of an answer by the applicable party. This deadline includes all depositions which may be of an evidentiary nature as well as for discovery. No further discovery will be permitted thereafter except by written stipulation of counsel for the parties filed with the Court Clerk or upon a showing of good cause and pursuant to order of the assigned judge.
(b) Prior to service of motions for extension of discovery, protective orders and/or to compel discovery for whatever reason, all counsel shall be under a duty to confer in good faith to determine to what extent such discovery disputes can be resolved before presenting the issue to the assigned judge. No such motion shall be heard by the assigned judge unless counsel for the moving party shall incorporate in his motion a certificate that he has conferred in good faith with opposing counsel in an effort to resolve the dispute and has been unable to do so.
(c) Expert witnesses for all parties shall be designated not later than forty-five (45) days prior to the discovery deadline or any extensions thereof, and discovery regarding experts shall be completed within the discovery period. The Court will allow subsequent designation and/or discovery of expert witnesses only upon a showing of good cause.
2. That all other motions which may be considered prior to trial shall be filed on or before fifteen (15) days subsequent to the date fixed in paragraph 1(a) of this order and any extensions thereof. Notice and copy thereof shall be served on counsel for all parties and on the assigned judge with informal memo briefs attached and with suggested orders attached to the copies filed with the assigned judge. It is contemplated that all motions will be disposed of by the assigned judge based on informal memo briefs submitted. Oral arguments will be permitted only when requested by the judge.
3.(a) That formal pretrial conference before the judge is dispensed with and matters which may aid in simplification of the issues, the obtaining of admissions of fact and of documents which will avoid unnecessary proof, and other matters which may aid in the disposition of the case will be contained in a Pretrial Statement.
(b) That counsel with full authority to act for the parties shall confer in person and complete, sign, and submit in duplicate a Pretrial Statement to the assigned judge in the form prescribed by the Court, a copy of which is available in the office of the Circuit Clerk.
(c) That the Pretrial Statement shall be submitted to the assigned judge within thirty (30) days subsequent to the date fixed for completion of discovery in paragraph 1(a) of this order or within thirty (30) days after disposition of motions, if any, filed pursuant to paragraph (2) of this order.
(d) That informal memo briefs relating to contested issues of law and any anticipated questions relating to admissibility of evidence during the course of the trial and a copy of proposed jury instructions will be submitted by counsel with the Pretrial Statement.
(e) That the Pretrial Statement upon receipt and approval will be signed and filed by the assigned judge. The formal pleadings are considered as merged in the Pretrial Statement which shall control the subsequent course of this action.
(f) That the preparation and timely submission of the Pretrial Statement to the assigned judge is the joint responsibility of all counsel appearing in the case. In the event counsel for any party fails to cooperate with counsel for the other party(s), the assigned judge, may on motion of any party, direct and require the attorneys for the parties to appear before him for a pretrial conference.
4. That the failure by any party and/or attorney to comply with any one or more of the provisions contained hereinabove shall subject such party and/or attorney to the imposition of appropriate sanctions including the assessment of costs, expenses and attorney's fees.