Also known as: scheduling order
Written by attorneys · grounded in primary & secondary sources — see below
A court order that establishes deadlines for pretrial activities such as joinder of parties, amendment of pleadings, completion of discovery, and filing of motions. The judge must issue the order as soon as practicable but, unless good cause for delay exists, no later than the earlier of ninety days after any defendant is served with the complaint or sixty days after any defendant appears.
Samantha Stone sued Sapphire Technologies in federal court for breach of a software license. The parties conferred as soon as practicable and at least twenty-one days before any scheduling conference. The court then issued an order fixing deadlines for joinder, amendment, discovery, and motions.
Seth Shapiro sued Sierra Solutions alleging design defects in industrial equipment. The court entered a scheduling order setting firm discovery and motion deadlines. When Sierra later sought to extend those deadlines after an internal review, the court denied the request because Sierra failed to show diligence in uncovering the new information.
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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.
The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.
A schedule may be modified only for good cause and with the judge's consent. Courts evaluate diligence of the moving party, the reason for the change, prejudice to the opponent, and impact on the docket.
When a court postpones decision on a pre-answer motion until trial, the defendant must serve a responsive pleading within fourteen days after receiving notice of that postponement. The scheduling order can supply the required notice and start the fourteen-day clock.
A scheduling order that sets important deadlines is a significant development that a lawyer must communicate to the client so the client understands the status of the matter and can make informed decisions.
…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,…