Austin v. United States of America
RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 10/13/16. (Attachments: # 1 # 2 # 3 ) (cmr)
Select an Office: Dublin
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
NOTICE OF ALTERNATIVE DISPUTE RESOLUTION
CASE MANAGEMENT PROCEDURES
(LITIGANTS' BILL OF RIGHTS)
S.D. Ga. LR 16.7
Litigants in this Court may wish to utilize procedures that are available to assist the
speedy and efficient resolution of civil cases. This notice must be furnished by plaintiff's
counsel to his client and served with the complaint upon all defendants. Counsel for each party
represented shall ensure that the notice is filled out, signed by the party, and returned to the
Clerk's office (1) by counsel for the plaintiff within 15 days of filing the complaint, and (2) by
counsel for the defendant with the answer or other responsive pleading.
Page 1 of 5
Notice to Parties and Counsel
If all parties in a case elect to do so, a civil case in this Court can be referred to
non-binding mediation. The purpose of such is to assist the parties in understanding the
strengths and weaknesses of their respective positions and to facilitate settlement.
Do you wish to use such a procedure and for your lawyer to meet with opposing
counsel and a Judge of this Court to establish a mediation plan for this case?
(answer yes or no)
If the parties in a case elect to do so, a civil case in this Court can be referred to
binding or non-binding arbitration. In some instances, arbitration may be quicker, cheaper, and
less formal than litigation. Its outcome can be binding or purely advisory, depending on the
parties' agreement. The parties can also agree to tailor the rules of procedure.
Do you wish to consider such a procedure and for your lawyer to meet with
opposing counsel and a Judge of this Court to establish an arbitration plan for this case?
(answer yes or no)
If all parties in a case consent and the Court concurs, the right to proceed before
a United States District Judge may be waived, and the case can be presided over by a United
States Magistrate Judge.
Page 2 of 5
Would you like to consider use of a Magistrate Judge and receive more
information on this alternative?
(answer yes or no)
After the complaint and answer are filed in a case, the rules of this Court normally
allow four (4) months for the completion of discovery. If discovery continues for a longer period
of time, it will be because the attorneys have requested an extension of time from the Court.
If justified by the complexity or difficulty of a case, the Court will consider the
entry of a special case management order. After hearing from the parties, this order would
supersede the Local Rules and provide new dates for the different aspects of discovery,
amendments to the pleadings, the filing of motions, conferences with the Court, and preparation
for the ultimate pretrial order and trial of the case.
The lawyers for all of the parties are encouraged to consult concerning the need for such
a case management order.
At the completion of discovery and before trial, each party will be required to
participate in the filing of a pretrial order. In most cases, there will also be a pretrial conference
with the presiding Judge. At the conference, the Court will inquire about the prospects for
Page 3 of 5
settlement of the case. Normally the Court will require the client to be present in person or by
By Order of the Court.
Clerk of Court
I have reviewed with my attorney the above notice and have indicated my desired
responses to paragraphs 1, 2, and 3.
, 20 .
Name and signature of party or Representative
Certificate of Counsel
I have furnished a copy of this notice to the party represented by me (including any
insurance company assisting with the cost of defense) and discussed with my client responses
to paragraphs 1, 2, and 3 which have been noted. I have also served opposing counsel with a
copy of this completed notice.
, 20 .
Page 4 of 5
NOTE: If there is unanimity among the parties that the case should be referred to
mediation, arbitration, or a Magistrate Judge, counsel for the plaintiff shall so notify the
Clerk, who will then inform the presiding District Judge of the parties' interest in one or
more of these procedures.
Page 5 of 5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?