Also known as: Fed. R. Civ. P. 16 · FRCP 16 · Rule 16 · pretrial conference rule · scheduling order rule
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A federal procedural rule authorizing district courts to convene pretrial conferences and issue scheduling orders that control the course of civil litigation. The rule empowers judges to set deadlines for joinder, amendment, discovery, and motions while simplifying issues and facilitating settlement or trial preparation.
A federal procedural rule authorizing district courts to convene pretrial conferences and issue scheduling orders that control the course of civil litigation. The rule empowers judges to set deadlines for joinder, amendment, discovery, and motions while simplifying issues and facilitating settlement or trial preparation.
Pacific Exporters sued BlueWave Shipping for lost cargo. The court set a June 30 scheduling conference and due date for the scheduling order. The parties conferred on June 9 to discuss claims, initial disclosures, and a discovery plan before the Rule 16 deadline arrived.
A federal procedural rule governing pretrial discovery and disclosure in criminal cases. The rule requires the government and defense to confer on a timetable for exchanging witness statements, documents, and expert materials within fourteen days after arraignment.
After arraignment on fraud charges, the prosecutor and defense counsel met within fourteen days. They agreed on a timetable for exchanging witness statements and expert summaries under the pretrial disclosure procedures.
The government and defense conferred on the scope of material witness statements and documents. The resulting order limited production to items within government custody that the prosecutor knew or should have known existed.
A federal procedural rule governing pretrial discovery and disclosure in criminal cases. The rule requires the government and defense to confer on a timetable for exchanging witness statements, documents, and expert materials within fourteen days after arraignment.
Each sense below has its own examples, sources, and questions.
In a contract dispute, the court used a pretrial conference to narrow the contested issues after the answer was filed. The order eliminated unsupported defenses and set a firm trial date six months out.
A party repeatedly ignored scheduling deadlines and failed to appear at conferences. The court imposed monetary sanctions and struck certain claims to enforce compliance with the pretrial management order.
After the scheduling order set expert deadlines, one party sought to supplement a report with new data. The court denied the request because the supplementation would require reopening discovery and altering the established trial date.
A schedule may be modified only for good cause and with the judge's consent. Courts evaluate diligence of the moving party, reasons for the change, prejudice to the opponent, and impact on the docket.
Parties must confer as soon as practicable and at least twenty-one days before a scheduling conference is held or a scheduling order is due, unless the case is exempt or the court orders otherwise.
The court may formulate and simplify issues, eliminate frivolous claims, permit amendments, avoid unnecessary proof, and facilitate settlement under the rule's enumerated purposes.
…statement) ; Rule 12 (f) (motion to strike portions of the pleading); Rule 12 (e) (motion for judgment on the pleadings); Rule 16 (pre-trial procedure and formulation of issues); Rules 26-37 (depositions and discovery); Rule 56 (motion for summary judgment); Rule 15 (right to amend).