NCJ Number
107908
Journal
Catholic University Law Review Volume: 35 Issue: 4 Dated: (Summer 1986) Pages: 943-959
Date Published
1986
Length
17 pages
Annotation
A district court judge describes his development and use of the Initial Scheduling Conference (ISC), a pretrial meeting designed to help the parties acquire enough knowledge of the facts to discuss settlement intelligently.
Abstract
The ISC is a conference between the parties and the judge, held as soon as possible after the pleadings are filed. The conference's goal is to make all participants familiar with the allegations of all parties, to stipulate as many facts as possible, and to identify which facts and legal issues remain in controversy. The conference is also used to establish a schedule for discovery, a discovery cutoff date, and dates for a final pretrial conference and trial. To function properly, the method requires the coordination and participation of all the court personnel and law clerks on the judge's staff. The four steps in the process are the monitoring of the pleadings, the written notification of the conference, the conference, and the preparation of the initial scheduling order. The process results in only appropriate cases going to trial. The ISC method does not destroy the parties' rights to litigation. In fact, it preserves the constitutional separation of powers. Judges can use this forceful management of cases to promote more efficient, economical, and effective litigation. 37 footnotes.