![]() ![]() Please note that this is not the appropriate time to make arguments or to present evidence. This statement should be used to summarize for the court the claim of the party and to preview for the court the evidence the party will present during the trial. Opening statements – each party will be allowed to make an opening statement to the court. If the proceeding goes to trial, the court will follow the following procedures: Prior to the conference, the parties should enter into a pretrial order, which includes a list of the parties’ stipulations, contentions, exhibits, pleadings and discovery materials to be submitted to the court, and witnesses. AGAIN, PLEASE NOTE THAT THIS IS NOT A TRIAL ON THE MERITS OF THE CASE. A motion for summary judgment will only be allowed if there are no issues of material fact between the parties, but rather only issues of law.Īssuming that the parties are unable to reach a settlement of the proceeding through their own negotiations, or through the formal process of arbitration or mediation, and assuming that no ruling on a motion has resolved all issues in the proceeding, the parties will participate in a final pretrial conference. A motion for summary judgment involves presentation of the facts contained in the pleadings, along with evidence and affidavits, for the court’s consideration prior to trial. These motions include motions to dismiss part or all of the pending actions, motions regarding discovery, and motions for summary judgment. Various motions may be heard by the court prior to the trial of the proceeding. Discovery consists of depositions, interrogatories, production of documents, and other means of collecting information from the opposing party regarding the case, as set forth in the Rules mentioned above. Prior to and after the preliminary pretrial conference, but prior to the deadline set in the scheduling order, the parties are free to conduct discovery. ![]() This order sets expected deadlines for the completion of discovery, filing of motions, final pretrial conference, and trial of the proceeding. Once the preliminary pretrial conference has been held, the court will enter a scheduling order. The need for additional pretrial conferences. The possibility of arbitration or mediation and This discussion will cover, among other things,:Īny settlement discussions between the parties PLEASE NOTE THAT THIS IS NOT A TRIAL ON THE MERITS OF THE CASE. At this conference, the parties discuss various aspects of the adversary proceeding with the judge assigned to the case. All parties will receive a notice of the hearing location, date, and time from the clerk. If a response is not filed with the clerk of court within 30 days, the plaintiff may move for entry of default and for a default judgment.Īfter the filing and service of all pleadings, the court will set a preliminary pretrial conference. Assuming service is timely accomplished, the defendant must respond to the complaint within 30 days of the issuance of the summons. If service is not accomplished, the action may be dismissed for failure to prosecute. ![]() After filing of the complaint and issuance of a summons by the clerk of court, the summons and complaint must be served upon the named defendants. The procedures governing adversary proceedings can be found in Part VII of the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure (as incorporated by the Federal Rules of Bankruptcy Procedure), and the Local Rules for the Bankruptcy Court of the Eastern District.Īn adversary proceeding is commenced by the filing of a complaint. Although called by a different name, an adversary proceeding is in reality just a civil lawsuit in bankruptcy court. Certain actions in bankruptcy court require the filing of an adversary proceeding.
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