Rule 16.Pre-trial procedure; formulating issues.

Rule 16(a) lets the court, at its discretion, direct the attorneys to appear for a conference on simplifying and formulating the issues, the need for amendments to the pleadings, obtaining admissions of fact or documents that avoid unnecessary proof, limiting the number of expert witnesses, referring the case in whole or in part, matters for judicial notice, and anything else that would help move the case along. If the court holds a conference, its order recites what was decided, may limit the issues for trial to those not already resolved by admission or agreement, and controls the rest of the case unless changed at trial to prevent real unfairness; if a trial issue in the order was not raised by the pleadings, the court requires the pleadings amended to match under Rule 8.

Rule 16(b) adds a firm timetable for medical malpractice actions. Once the discovery period set under Rule 26(g) closes, the judge schedules a final conference, and any consent order calendaring the case for trial goes to the senior resident superior court judge or the chief district court judge for approval. That approval is required unless the reviewing judge finds the trial date unavailable, the terms of the order would unreasonably delay the trial, or the ends of justice would not be served — in which case the judge calendars the case directly, weighing the case’s nature and complexity, the convenience of witnesses, both sides’ scheduling needs, the value of an early trial, and any other relevant factor.