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New Jersey
Motion to Set Cause for Trial in Federal Court

New Jersey Motion to Set Cause for Trial in Federal Court

Category:

Federal - Trials

State:

Multi-State

Control #:

US-01583BG

Format:

Instant download

Description

It is generally recognized that a trial court has inherent power or authority to control or manage its trial calendar and to take whatever reasonable actions are necessary to maintain control of its docket. The court is afforded wide discretion in the maintenance of its docket, and any decision pertaining thereto will not be overturned without a showing of breach or abuse of that discretion.

Technically, the primary responsibility for moving a case on for trial rests with the plaintiffs and their attorneys, not the defendants or the trial court. Rule 16(b)(3) of the Federal Rules of Civil Procedure provides that the case may be set for trial as part of the scheduling order by the district judge or magistrate judge.

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FAQ

A voluntary dismissal by the claimant alone pursuant to R. -1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.

By signing, an attorney or party certifies that to the best of the person's knowledge, information, and belief formed after reasonable inquiry: (1) with respect to a disclosure, it is complete and accurate as of the time it is made; and (2) with respect to a discovery request, response, or objection, it is: (A) ...

Hear this out loud Pause104. Preliminary Questions (a) In General. (1) The court shall decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege and Rule 403.

Hear this out loud PauseThe attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan.

A party filing a pleading that joins a new party to the action shall serve a copy of all discovery materials on or otherwise make them available to the new party within 20 days after service of the new party's initial pleading.

Hear this out loud Pause4-7. Expert Witness Discovery 14 Page 15 (a) Any party intending to present evidence under New Jersey Rules of Evidence 702, 703, or 705 shall disclose the information described in R. -4(e) without requiring the service of an interrogatory requesting such information.

Pursuant to Rule -4(f), a plaintiff or a counterclaimant seeking damages for personal injuries must serve, ?contemporaneous with his or her answers to interrogatories, an executed form authorizing disclosure to the opposing party or parties, for purposes of litigation,? pursuant to the Health Insurance Portability ...

Hear this out loud Pause-2(d)(2), and unless manifest injustice would result, the payment by the party seeking discovery to the other party of a fair portion of the fees and expenses which had been reasonably incurred by the party retaining the expert in obtaining facts and opinions from that expert.

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