Scheduling Order

Scheduling Order

Scheduling Order

A scheduling order issues after the initial conference and establishes deadlines for joining parties, amending pleadings, completing discovery, disclosing experts, and filing dispositive motions, along with the trial setting.

Modification requires good cause and the diligence of the party seeking it.

Alternative Names:

Rule 16 Scheduling Order, Pretrial Scheduling Order

Why it Matters?

The deadlines in this order control the case and are enforced more strictly than parties expect, particularly the amendment and expert disclosure dates. A defendant that identifies a nonparty at fault or a necessary third party after the joinder deadline may lose the ability to bring them in. Reviewing the proposed order against realistic case needs before it enters is far easier than moving to modify afterward.

Frequently asked questions

How hard is it to modify a scheduling order?

How hard is it to modify a scheduling order?

Harder than parties expect. Good cause requires diligence, and courts regularly deny extensions where the party could have met the deadline with reasonable effort.

Which deadlines carry the most consequence?

Which deadlines carry the most consequence?

Joinder and amendment deadlines, since missing them can foreclose adding parties or defenses, and expert disclosure deadlines, which can preclude testimony.