미국 민사소송에서 변론준비절차를 충실화하기 위한 방안

When the complaint is received by court, the trial judges have the discretion whether to order the trial date or to order to prepare for the trial. If the judge chooses the latter procedure, it can be done by a form of pleadings or a form of pretrial date. In american civil procedure, not only pleading but also pretrial conference for preparing for trial can be available. They are very useful for the system of preparing for trial. I want to research rule 16 of american Federal Rules of Civil Procedure, which regulates the pretrial conference. American trial judges have the broad discretion to open pretrial conferences. About the trial judge’s positive role to prepare for trial, the pros and cons are asserted in the view of traditional judge’s model, rule of due process, procedural economy and delay. I will research the detailed material of pretrial conferences, including scheduling order, formulating and simplifying the issues, pretrial order, final pretrial conference and orders, Sanctions, and Settlements. I hope that this research could be helpful for improvement of pretrial date practice in Korean civil procedure.