Fill and Sign the Structuring Conferenceadr Order Form

NHJB-2384 -SOMA (10/18/20 10) Page 1 of 2 THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH Court Name: Case Nam e: Case Num ber: (if know n) STRUCTURING CONF ERENCE/ADR ORDER 1. Plaintiff’s Counsel: Trial At conference 2. Defendant’s Counsel: Trial At conference 3. Cause(s) of action: Counterclaims 4. Insurance carrier: Disclosure of policy limits by: 5. The parties have agreed to file a motion wit h the Merri mack County Superior Court within 30 days requesting that this matter be placed on the Business and Commercial Dispute Docket. 6. If defendant claims that unnamed parties are at fault (see De Benedetto v. CLD Consultin g Engineers Inc., 153 N.H. 793 (2006)), defendant sha ll disclose the identity of every such party and the basis of the allegatio n of fault no later than . Plaintiff shall then have 60 days from the date of disclosure to amend the initiating pleading. 7. Is this case designated for fast track discov ery pursuant to Rule 62 (II)? Yes No If yes, disclosure statements shall be filed within 90 days of today’s date. 8. Is this case designated for standard discovery? Yes No If yes, plaintiff’s disclosur e of experts and reports due: Defendant’s disclosur e of experts and reports due: 9. Is there agreement to waive stat utory expert disclos ure requirement s? Yes No 10. Regardless of discovery designati on, the following deadlines apply: Interrogatories propounded by Non-expert depositions by Depos itions of plaintiff’s experts by Depos itions by defense experts by Completion of discovery: 11. Dispos itive motions shall be filed no later than 4 months before trial. Pretrial statements and trial moti ons shall be filed no later than 14 days before the trial management conference. Witness lists and exhibit lists shall be filed bef ore or at the trial management conference. 12. Jury trial requested? Yes No Requested trial date: Estimated trial length: 13. Trial couns el and self-represented parties sha ll ap pear at the trial manageme nt conference and be prepared to address settlement pot ential. Parties represented by counsel shall be available for contact by telephone during the trial management conference. All pending pretrial motions shall be heard at the tr ial management conference, or as scheduled by the court. Failure to appear at the trial management conf erence or trial may result in dismissal, default or other sanctions. Case Name: Case Number: STRUCTURING CONFERENCE ORDER AND NOTICE OF TRIAL/ADR SCHEDULE NHJB-2384-SOMA (10/18/2010) Page 2 of 2 14. ADR (Alternative Dispute Resolution) Orders The parties stipulate and agree as follows: OR Because the parties have not filed a comple te ADR Stipulation, the following orders are entered: A. Type of ADR Mediation : Confidential and informal. Mediation is conducted by a neutral third party (a “Neutral”) who facilitate s settlement discussions between opposing parties/counsel. Neutral Case Evaluation : Confidential and somewhat informal. A Neutral provides an evaluation of the case to the parties/counsel. Binding Arbitration : Confidential and formal. The matter is presented in a format similar to a trial. The Arbitrator(s) decide the i ssues in dispute. The decision is final. B. ADR Fee Payment: The ADR fee is determined by the type of Neutral selected. A volunteer Neutral is not paid an hourly rate, but each party must pa y a $50 administrative fee to the Court. A paid Neutral is paid an hourly rate, but there is no court fee. There are no volunteer arbitrators, so if arbitr ation through the court progr am is chosen, in addition to a $250 administrative fee to the Court, the parties must pay the arbitrators an hourly rate. Mail any administrative fee to the Court along with the Structuring Conference Agreement. Make the check payable to the Court where your case is filed. Unless waived by the Court, all admini strative fees for ADR must be paid at or before the structuring conference. Name of person chosen to do ADR: Paid Volunteer (if Neutral) Names of alternates: 1. 2. C. Scheduling your ADR Session: You and the other side must contact the person selected to schedule the ADR session. D. ADR Reporting: A copy of the ADR report must be filed as provided by Superior Court Rule 170-A. If the ADR report is not timely filed, the court may schedule a show-cause hearing to determine the status of the ADR process and to impos e sanctions appropriate to the circumstances, if necessary. 15. The parties are exempt from Rule 170 ADR. 16. Other orders: Date Attorney for Plaintiff Date Attorney for Defendant Date Attorney for Plaintiff Date Attorney for Defendant So Ordered: Date Presiding Justice Copy to: Neutral Office of Mediation and Arbitration For Court Use Only: Plaintiff ADR Fee: Paid Waived Neither Defendant ADR Fee: Paid Waived Neither