/ROOL 16 bee SKED-juh-ling KON-fur-uhns/·procedural term
Also known as:Rule 16(b) conference · scheduling conference · FRCP 16(b) conference · pretrial scheduling conference
Written by attorneys · grounded in primary & secondary sources — see below
A court proceeding at which a federal district judge consults with the parties' attorneys and any unrepresented parties to establish deadlines for joinder of parties, amendment of pleadings, completion of discovery, and other pretrial matters and to set a trial date or other dates for further conferences.
Sources & Authorities
How it applies
Common Examples
2
Parties Confer Before Scheduling Conference
Reliance Insurance sued Raven Logistics in federal court for breach of a shipping contract. The court set a Rule 16(b) scheduling conference for April 10. Counsel for Reliance proposed dates in mid-March for the parties' discovery conference to discuss electronically stored information and settlement. Raven Logistics delayed, citing internal reviews, and the parties conferred only on April 3. The court later considered whether the late conference satisfied the timing rules tied to the scheduling conference.
Sanctions for Nonparticipation
Raphael Rivera sued Royal Crest Hotels after a slip-and-fall incident. The court ordered the parties to participate in a scheduling conference under Rule 16(b) and to prepare a discovery plan. Counsel for Royal Crest Hotels failed to appear or submit proposals. The court imposed sanctions for the failure to participate in good faith at the scheduling conference.
Put it into practice
Test Yourself
10
Practice Questions5
· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Course Outlines
Nick v. Morgan’s Foods, Inc.270 F.3d 590 (8th Cir.2001)
Common questions
Frequently Asked
3
When must the parties confer before a Rule 16(b) scheduling conference?+
The parties must confer as soon as practicable and at least twenty-one days before the scheduling conference is held or a scheduling order is due under Rule 16(b).
What happens if a party fails to participate in the Rule 16(b) scheduling conference?+
The court may impose sanctions under Rule 16(f) for failure to appear or to participate in good faith, including fines or other appropriate orders.
Can the court alter the twenty-one-day timing requirement for the parties' conference?+
Yes. The court may order that the parties' conference occur less than twenty-one days before the scheduling conference or excuse the written discovery plan requirement.
Civil ProcedurePretrial procedures · Discovery (including e-discovery), disclosure, and sanctionsUBEFoundational