Also known as: FRCP 16 · Fed. R. Civ. P. 16
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A federal procedural rule authorizing district courts to issue scheduling orders and conduct pretrial conferences that control the pace of civil litigation. The rule empowers judges to set deadlines for joinder, amendment, discovery, and motions while simplifying issues and eliminating frivolous claims.
A federal procedural rule authorizing district courts to issue scheduling orders and conduct pretrial conferences that control the pace of civil litigation. The rule empowers judges to set deadlines for joinder, amendment, discovery, and motions while simplifying issues and eliminating frivolous claims.
Nimbus Cloud sued ScrollFeed for patent infringement. The court set a Rule 16 scheduling conference for June 30. Counsel exchanged settlement emails but had not yet held a formal discovery-planning conference. The parties must confer as soon as practicable and at least 21 days before the scheduling conference.
A federal procedural rule governing pretrial discovery in criminal cases by requiring the government to disclose specified categories of information upon a defendant's request.
After arraignment in a federal criminal case, the prosecutor and defense counsel must meet within 14 days. They attempt to agree on a timetable for pretrial disclosures under Rule 16. Either party may later ask the court to adjust the timing or manner of those disclosures.
The government sought to compel production of a defense investigator's report containing witness statements. The trial court ordered limited disclosure of relevant portions. The Supreme Court held that Rule 16 addresses only pretrial discovery and does not bar such an order at trial.
A federal procedural rule governing pretrial discovery in criminal cases by requiring the government to disclose specified categories of information upon a defendant's request.
Each sense below has its own examples, sources, and questions.
Plaintiffs sued a union for breach of duty of fair representation. The complaint contained vague allegations. The Supreme Court noted that Rule 16 pretrial procedure allows the court to formulate and simplify the issues before trial.
The parties must confer as soon as practicable and in any event at least 21 days before the scheduling conference or the due date of the scheduling order under Rule 16(b). This timing requirement applies unless the case is exempt from initial disclosure or the court orders otherwise.
A schedule may be modified only for good cause and with the judge's consent. Good cause centers on the moving party's diligence and whether the need for extension was reasonably foreseeable.
Yes. Rule 16 expressly authorizes the court to consider and, if appropriate, permit amendment of the pleadings at a pretrial conference when doing so serves the fair and efficient resolution of the case.
At a pretrial conference the court may formulate and simplify the issues and eliminate frivolous claims or defenses to focus the litigation on genuinely disputed matters.
Defendants charged with crack trafficking moved for discovery to support a selective-prosecution claim. They sought government documents showing charging patterns. The Supreme Court held that Rule 16 does not authorize such discovery because the requested materials are not material to the defense on the merits.
Defendants in a narcotics conspiracy case requested exact dates they allegedly joined the conspiracy and names of distributees. The government responded with known information on dates and quantities. The court treated the remaining requests as discovery matters governed by Rule 16.
Yes. Both the language and history of the rule show that it governs only pretrial discovery and does not control disclosure obligations at trial.
…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).