Rule 16. Pretrial Procedure

(A) Purposes of a pretrial conference In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:

(1) Expediting disposition of the action;

(2) Establishing early and continuing control so that the case will not be protracted because of lack of management;

(3) Discouraging wasteful pretrial activities;

(4) Improving the quality of the trial through more thorough preparation; and

(5) Facilitating settlement. Attorneys, their clients, and unrepresented parties shall endeavor in good faith to agree on all the schedules contemplated by this rule and courts shall consider such agreements in the establishment of any such schedule.

(B) Scheduling

(1) Scheduling Order Except for matters listed in Civ.R. 1(C), the court shall issue a scheduling order:

(a) After receiving the parties' report under Civ.R. 26(F);

(b) After consulting with the parties' attorneys and any unrepresented parties at a scheduling conference; or

(c) Sua sponte by the court.

(2) Time to Issue The court shall issue the scheduling order as soon as practicable, but unless the court finds good cause for delay, the court shall issue it within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has responded to the complaint.

(3) Contents The scheduling order may:

(a) Limit the time to join other parties, amend the pleadings, complete discovery, and file motions;

(b) Modify the timing of disclosures under Civ.R. 26(B)(3);

(c) Modify the extent of discovery;

(d) Provide for disclosure, discovery, or preservation of electronically stored information;

(e) Direct that before moving for an order relating to discovery, the movant must request a conference with the court;

(f) Set dates for pretrial conferences and for trial; and

(g) Include other appropriate matters.

(4) Modifying a Schedule A schedule may be modified only for good cause and with the court's consent.

(C) Attendance and matters for consideration at a pretrial conference

(1) Attendance A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the court may require that a party or its representative be present or reasonably available by other means to consider possible settlement.

(2) Matters for Consideration At any pretrial conference, the court shall consider and take appropriate action on the following matters:

(a) The possibility of settlement of the action;

(b) The simplification of the issues;

(c) Itemizations of expenses and special damages;

(d) The necessity of amendments to the pleadings;

(e) The exchange of medical reports and hospital records (The production by any party of medical reports, medical records, hospital records does not constitute a waiver of the privilege granted under section 2317.02 of the Revised Code.);

(f) The number of expert witnesses;

(g) The preservation of electronically stored information and other information held by the parties or third parties;

(h) The timing, methods of search and production, and the limitations, if any, to be applied to the discovery of documents and electronically stored information;

(i) Disclosure and the exchange of documents obtained through public records requests;

(j) Any agreements or decisions on the sharing or shifting of costs pursuant to Rule 26(C)(2);

(k) The adoption of any agreements by the parties for asserting claims of privilege or for protecting designated materials after production;

(l) The imposition of sanctions as authorized by Civ.R. 37;

(m) The possibility of obtaining:

(i) Admissions of fact;

(ii) Agreements on admissibility of documents and other evidence to avoid unnecessary testimony or other proof during trial.

(n) Disposing of pending motions;

(o) Determination of the applicable deadline for disposition of the case pursuant to Sup. R. 39 and 42, and a timetable for:

(i) Initial disclosures of known and reasonably available non- privileged, non-work product documents and things that support or contradict the specifically pleaded claims and defenses;

(ii) Joining parties;

(iii) Amending the pleadings;

(iv) Mediation or other alternative dispute resolution requested by parties;

(v) Exchanging lists of lay witnesses, expert witnesses and reports, and exhibits for trial;

(vi) Completing discovery;

(vii) Filing of motions, responses, replies and decisions;

(viii) Further case management conferences; and

(ix) A trial date, preferably one agreed-upon by the parties.

(p) Facilitating in other ways, the just, speedy, and inexpensive disposition of the action.

(D) Pretrial orders After any conference under this rule, the court should issue an order reciting the action taken. This order controls the course of the action unless the court modifies it.

(E) Final pretrial conference and orders The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice.