Rule 701.Purposes, Matters for Consideration, and Sanctions at any Scheduling, Status, or Pretrial Conference

Rule 701 is the purpose-and-powers rule that Rule 702 then puts on a calendar.

Why

The court may order attorneys and unrepresented parties to appear for one or more conferences to expedite disposition; establish early and continuing management to avoid delay and discourage wasteful pretrial activity; improve the quality of the trial through more thorough preparation; facilitate settlement; or discuss possible alternative dispute resolution.

What the court may do

Eighteen powers, and the breadth is the point. Calendar future dates; establish a reasonable limit on the time allowed to present evidence; identify the need for an interpreter or special accommodations; refer the case to Family Court Services; order ADR; address amendments to the pleadings; identify and simplify issues, including eliminating frivolous claims or defenses; avoid unnecessary proof and cumulative evidence; identify witnesses and documents; appoint a court expert, evaluator, parenting coordinator, receiver, or master; appoint an attorney for the child; discuss trial planning and pretrial orders; dispose of potential pretrial motions; adopt special procedures for complex actions; discuss other matters; consider potential sanctions; otherwise facilitate the just, speedy, and inexpensive disposition; and issue any appropriate orders.

Several of these are the doorway to other rules: the Rule 118 child advocate, the Rule 1002 parenting coordinator, the Rule 1004 evaluation, the Rule 1006 master, the Rule 1007 receiver, and referral to Rule 602 or 603 mediation.

Sanctions

The court may sanction a party or attorney who fails to obey a scheduling or pretrial order, fails to appear, is substantially unprepared to participate, or fails to participate in good faith.

Showing up unprepared is sanctionable in the same breath as not showing up.

The court may make such orders as are just, including any of the orders allowed under Rule 417 — up to dismissal or default judgment. And beyond any other sanction, the court must require the party or attorney, or both, to pay the expenses caused by noncompliance, including attorney fees, unless it finds noncompliance was justified or the award would be unjust. The fee award is the default, not the exception.