Hypothetical regarding final disclosures, final pre-trial conference and order

You represent the party your section of the classroom was assigned to represent, unless you represented someone else in the depositions or the summary-judgment argument.

  1. Is it possible that a scheduling order was never issued by the judge, i.e. is the scheduling order mandatory?
  2. What will your Rule 26(a)(3) disclosures contain?
  3. What kinds of objections will you make in response to your opponents' disclosures?
  4. Suppose summary judgment has been denied. Discovery is closed under the originally court-approved discovery plan. You want to take additional discovery. Can you? Why or why not? Is the judge authorized to approve further discovery? By what authority?
  5. If permitted, what additional discovery would you take and through what means? Be specific.
  6. Assume you have completed all the discovery you want. What documents, information and people will you bring to the final pre-trial conference?
  7. Outline your pre-trial memorandum
  8. Is there a way to get evidentiary disputes decided before the trial begins? Which ones will you tee up for the judge if that's possible?
  9. Suppose the final pretrial conference has been held and a pretrial order has issued. You get a phone call from a person with potentially valuable testimony for your client. You did not know the identity or whereabouts of this person earlier. Can you call him or her as a witness? Under what circumstances?
  10. Suppose you are in the middle of the trial. The plaintiff has rested. One of the defendants calls a witness not on the witness list. Is this permissible? Under what circumstances?
  11. What form of ADR, if any, should you consider? How will it work? What are its pros and cons?