What is the definition and purpose of a pretrial conference? What Federal Rule applies? What state rule applies?

Question

Quizplus · Accepted Answer

The Answer is Federal Rule of Civil Procedure 16, individual state rules, local practice, and the preference of a particular judge determine what happens at the pretrial conference. In some jurisdictions the conference is mandatory, and the judge is active in trying to settle the case. In other jurisdictions the conference must be requested, and the judge may refrain from any involvement in settlement discussions.
A pretrial conference is normally conducted in the judge's chambers and is attended by the attorneys for the parties and the judge. Clients may be required to attend. Traditionally the
conference is a discussion by the attorneys of the facts in the case, the evidence to prove those facts,
the issues remaining in the case, when and how long trial will be, and, if possible, whether settlement is in the offing. Federal Rule 16 now requires a more extensive pretrial conference process involving more than one meeting in many cases. In this context the pretrial conference takes on the important role of facilitating the overall planning and management of the progress of the case beginning at a much earlier point in the litigation (within 90 days of the defendant's first appearance or within 120 days of serving the complaint on the defendant, whichever is shorter).

What Is the Definition and Purpose of a Pretrial Conference