Also known as: scheduling orders · case scheduling order
Written by attorneys · grounded in primary & secondary sources — see below
A court order that establishes deadlines for pretrial activities including joinder of parties, amendment of pleadings, completion of discovery, and filing of motions. The order is issued after the court consults with the parties and receives their discovery plan. It may also address additional matters such as the timing of disclosures and protocols for electronic discovery.
Serena Soto and Synergy Systems must confer as soon as practicable after the complaint is served. They discuss claims, required disclosures, and a proposed discovery plan at least twenty-one days before any scheduling conference. Their joint report allows the court to issue the scheduling order setting firm deadlines for amendments and discovery completion.
Stephen Shaw sues Summit Bank alleging breach of a loan agreement. The court issues a scheduling order after consulting counsel that fixes dates for amending pleadings, completing discovery, and filing dispositive motions. When new facts surface mid-discovery, the bank must show good cause to modify those deadlines before the court will adjust the timetable.
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The judge must issue the scheduling order as soon as practicable but no later than the earlier of ninety days after any defendant is served or sixty days after any defendant appears, unless good cause for delay exists.
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The order must limit the time to join parties, amend pleadings, complete discovery, and file motions. It may also address additional topics such as the timing of disclosures and protocols for electronic discovery.
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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.
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The scheduling order sets the framework for the conference. At the conference the court may consider amendments, simplification of issues, and other matters while enforcing or adjusting the deadlines already fixed in the order.
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…In fact, Krupski moved to amend her complaint to add Costa Crociere within the time period prescribed by the District Court’s scheduling order. See App. 3, 6-7; Record, Doc. 23, p. 1. Concurring opinions Concurring in part and concurring in the judgment — Justice Scalia I join the Court’s opinion except for its reliance,…