A planning order sets deadlines for each party to a case to complete certain tasks. In Oklahoma state courts, planning assignments are defined by a special rule called Rule 5 of the Oklahoma District Court Rules. Rule 5 explains the purpose of these orders and even includes a standard form. Either party may apply for a scheduling order, or the judge may make one, even if neither party has requested it. In federal courts, it is common for judges to make appointment orders at the beginning of a case. WHAT HAPPENS IF YOU DON`T SHOW UP FOR COURT-ORDERED PROGRAMS? If you are referred to the programs and do not attend or show up, but refuse to pay without waiver, you may be found at Conmisst of Court. This could result in additional sanctions, including the possibility of being detained in the local detention centre. It is also within the court`s power to decide the case against you, simply because you refuse to cooperate with court orders when you are able to do so. Rule 16(f) contains parts of Rule 37(b)(2), which provides for sanctions for non-discovery. This should facilitate the application of Rule 16(f), as courts and lawyers are already familiar with the standards of Rule 37.

Sanctions approved by the new section include: exclusion order, cancellation of a pleading, stay of proceedings, default judgment, contempt and prosecution of a party, his or her counsel or both, with costs, including attorneys` fees, caused by the non-compliance. However, the penalty for non-compliance is only available for a breach of a court order. The references in Rule 16(f) are not exhaustive. The order may also include agreements included in a court order under Rule 502 to govern the effects of disclosure of information covered by solicitor-client privilege or the protection of work products, a matter also added to the provisions of an investigation plan under Rule 26(f)(3)(D). Subsection (f); Sanctions. The original article 16 did not mention the sanctions that could be imposed for non-compliance. However, the courts have not hesitated to enforce them through appropriate measures. See, for example, Link v. Wabash R. Co., 370 U.S. 628 (1962) (dismissal by District Court under Rule 41(b) after confirmation by counsel for the plaintiff at a pre-trial conference); Admiral Theatre Corp. v Douglas Theatre, 585 F.2d 877 (8th Cir.

1978) (District Court has discretion to exclude exhibits or refuse to testify from a witness who is not on the pre-trial list, in violation of its pre-trial order). These forms contain a case management statement (Form CM-110). He asked what stage the case had reached and what the expected duration of the trial was. Check your local court rules to see if an appearance can be cancelled by completing the appropriate paperwork in advance. Always call the court a day or two before a scheduled MCC to find out if the MCC is on the calendar (i.e. , it is scheduled for a hearing) or removed from the calendar (you do not have to show up because the case will not be called). Paternity test. If the paternity of a child is in doubt, the court may order the parties to cooperate in a paternity test. The costs of the examination are borne by the parties – the court determines how these costs are to be allocated. An order that includes the consent of the parties can be helpful in avoiding delays and excessive costs of discovery. See Manual for Complex Litigation (4th) §11.446. Article 16 (b) (6) recognizes that such agreements should be included in the court order.

The rule does not give the court the power to make such an order to deal with the case or another order without the consent of the party, nor does it limit the court`s power to act on application. Sometimes a deadline in a calendar cannot be met. In most cases, lawyers can agree to extend the deadline and submit an agreement to the court to extend the deadline. There are different legal standards for extending the deadline for a planning order before the deadline expires only if the deadline has already passed. In other words, if the discovery needs to be completed by a certain date and a page needs more time, it is much easier for them to extend the deadline if they ask for more time before the deadline expires, rather than waiting until after the deadline and then asking for more time. If a deadline is approaching and cannot be met, the problem must be resolved immediately. Pre-conferences. A session before a judge or magistrate to clarify outstanding issues and/or prepare for trial. Both parties and lawyers must be present. This is a final opportunity to resolve unresolved issues. If you can`t reach an agreement at the pre-trial conference, your case will be heard on the merits.

Four sources of criticism of the pre-trial procedure were identified. First, conferences are often seen as a mere exchange of legalistic disputes without proper analysis of the case. Second, the result is often nothing more than a formal agreement on trifles. Third, in pre-trial cases, conferences are considered unnecessary and time-consuming. Fourth, meetings may be ceremonial and ritual, have little impact on the process, and be of minimal value, especially if the lawyers attending the hearings are not the ones who will hear the case or are not authorized to enter into binding agreements.