Rule 309.Conferences
Group XIV: Fiduciary Proceedings · Not amended since adoption on record · Last verified July 14, 2026
Full Text of Rule 309
Comment
Identical to USDCDC [District Court] Rule 78, except for omission of matter relating to pretrial, which is governed by SCR--Civil, Rule 16 and deletion of introductory time limitation.
Plain-English Summary
Rule 309 is a short, practical tool for keeping a fiduciary case moving without a formal hearing. It authorizes the judge, the Auditor-Master, or any special master assigned to the matter to call the attorneys together for an informal meeting rather than requiring a noticed motion or a full court appearance for every routine issue that comes up.
The rule describes what that meeting can accomplish in open terms: discussing the case informally, taking up motions, working toward settlement where that is realistic, and setting a schedule for how the case will proceed, including discovery, pretrial steps, and trial. Because fiduciary matters often run through the Auditor-Master's office for accounting and audit work rather than through a judge alone, giving the Auditor-Master and special masters this same convening authority means these conferences can happen at whatever stage of the case needs one, not only when a judge is directly involved.
The official Comment notes that this rule mirrors the corresponding federal district court rule, apart from leaving out matters already handled by Rule 16's pretrial provisions and dropping an introductory time limitation that no longer served a purpose here.
Frequently Asked Questions
Who can call an informal conference of attorneys under Rule 309?
The court itself, the Auditor-Master, or any special master handling the case can direct the attorneys for each party to meet informally under this rule.
What can be discussed at a conference held under Rule 309?
The rule allows the conference to cover the case informally, take up motions, discuss settlement to the extent that is possible and desirable, and set a schedule for the case, including deadlines for discovery, pretrial steps, and trial.
Is a Rule 309 conference the same as a pretrial conference?
Not exactly. The official Comment explains that matters relating to pretrial proceedings are instead governed by Rule 16, so Rule 309 conferences serve a broader, more informal case-management purpose alongside that separate pretrial process.
Does Rule 309 require the parties themselves to attend, or just their attorneys?
The rule's text directs the meeting to be with the attorneys for each party, rather than requiring the parties themselves to appear.
Can the Auditor-Master use Rule 309 to set a discovery schedule in a fiduciary accounting matter?
Yes. The rule gives the Auditor-Master the same authority as the court and any special master to direct attorneys to meet and, among other things, work out a schedule for discovery.