Rule 16 - [Effective 1/1/2025] Pretrial conferences; scheduling; management(a) Purposes of pretrial conferences. 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 the 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.(b)Scheduling.(1)Scheduling order. Except in categories of actions exempted by the Supreme Court of Appeals, the trial court shall issue a scheduling order: (A) after receiving the parties' report under Rule 26(f); or(B) after consulting with the parties' attorneys and any unrepresented parties at a scheduling conference.(2) Time to issue. The judge shall issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, the judge 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 appeared.(3) Required contents of the order. The scheduling order shall: (i) limit the time to join other parties, (ii) limit the time to amend the pleadings, (iii) limit the time to complete discovery, and (iv) limit the time to file motions. (A)Permitted contents. The scheduling order may:(i) modify the timing of disclosures under Rules (26)(a) and 26(d)(1);(ii) set forth a discovery plan that includes:(a) the subjects on which discovery may be needed;(b) when discovery shall be completed;(c) whether discovery should be conducted in phases or be limited to particular issues; and/or(d) disclosure of experts and reports, where applicable.(iii) modify the extent of discovery;(iv) provide for disclosure, discovery, or preservation of electronically stored information;(v) include any agreements the parties reach or rulings of the court about asserting claims of privilege or of protection as trial-preparation material after information is produced, including agreements reached under West Virginia Rule of Evidence 502;(vi) set dates for pretrial conferences and for trial; and(vii) include other appropriate matters.(4)Modifying a schedule. A schedule may be modified only for good cause and with the judge's consent.(c) Attendance and matter for consideration at a pretrial conference.(1)Attendance. A represented party shall 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 may consider and take appropriate action on the following matters: (A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;(B) amending the pleadings if necessary or desirable;(C) obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;(D) avoiding unnecessary proof and cumulative evidences, and limiting the use of testimony under West Virginia Rules of Evidence 702;(E) determining the appropriateness and timing of summary adjudication under Rule 56;(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rule 26 and Rules 29 through 37;(G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;(H) referring matters to a commissioner under Rule 53 or 53.1;(I) settling the case and using special procedures to assist in resolving the dispute when authorized by statute or rule ;(J) determining the form and content of the pretrial order;(K) disposing of pending motions;(L) adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;(M) ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, third-party claim, or particular issue;(N) ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a) or a judgment on partial findings under Rule 52(c);(O) establishing a reasonable limit on the time allowed to present evidence; and(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 shall be held as close to the start of trial as is reasonable, and shall 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.(f) Sanctions.(1)In general. On motion or on its own, the court may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii). if a party or its attorney:(A) fails to appear at a scheduling or other pretrial conference:(B) substantially unprepared to participate or does not participate in good faith, in the conference; or(C) fails to obey a scheduling or other pretrial order.(2) Imposing fees and costs. Instead of or in addition to any other sanction, the judge may require the party, its attorney, or both to pay the reasonable expenses including attorney fees incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make ah award of expenses unjust.Amended effective 1/1/2025.