Chapter 4 | Case Management Procedure
Pro Se Handbook
Federal Bar Association
4.00 | WHAT IS A CASE MANAGEMENT (RULE 16) CONFERENCE (“CMC”)?
4.01 | DOES EVERY CASE HAVE A CASE MANAGEMENT CONFERENCE?
4.02 | HOW DO I PREPARE FOR IT (RULE 26)?
2. Discuss resolution through settlement;
3. Arrange for the initial disclosure of information by both sides as required by Rule 26(a)(1) including:
b. a list of certain documents described in FRCP 26(a).
5. Select an alternative dispute resolution (“ADR”) process: mediation, early neutral evaluation or settlement conference (discussed later in this Handbook);
6. Prepare and file a joint written report outlining the discovery plan.
4.03 | PREPARING THE DISCOVERY PLAN (RULE 26(F)(2))
2. The subjects, timing, and issues for discovery;
3. Limitations on discovery imposed by Federal or Local Rules;
4. Other orders that the Court should consider under Rule 26(c) or under Rule 16(b) or (c).
4.04 | WHAT IS THE CASE MANAGEMENT ORDER?
A Case Management Order “shall not be modified except upon a showing of good cause and by leave of the district judge.” Federal Rule of Civil Procedure 16(b). If you want to change the deadlines set forth in the Case Management Order, you will need to file a motion requesting that the deadlines be changed and show good cause for the request.
4.05 | WHAT HAPPENS AT A COURT HEARING?
Sometimes witnesses can be presented at these hearings. You should prepare for a hearing by reviewing all papers that have been filed for the hearing and expect to answer questions about issues that are being addressed at the hearing. Organize your papers so that you can find things easily when you need to answer the Judge’s questions. Be sure to have a pen and paper with you so that you can take notes.
4.06 | HOW SHOULD I DRESS AND BEHAVE WHEN I COME TO COURT?
2. Be on time.
3. You should sit in the benches in the back of the courtroom until your case is announced. The courtroom deputy may ask “counsel” to come forward and check in. You should check in with the courtroom deputy at that time. If your hearing is the only one scheduled, you may sit at the plaintiffs’ or defendants’ table in the center of the courtroom. The courtroom deputy will tell you where to sit.
4. When the Judge enters the courtroom, you must stand and remain standing until the Judge sits down.
5. When you speak to the Judge, call him or her “Your Honor.”
6. A judge might ask you questions about your argument in a motion. If the Judge asks a question, always stop your argument and answer the Judge’s question completely. When you are finished answering the question, you can go back and finish the other points you wanted to make. Always answer the Judge’s questions completely and never interrupt the judge when he or she is speaking.
7. If the Judge asks you a question when you are seated at the table or away from the lectern, stand and walk up to the lectern before you answer the question.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
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