Rule 16 — Pretrial Conferences; Scheduling; Management

Fed. R. Civ. P. 16

• Source: Federal Rules of Civil Procedure
• Rule: 16
• TITLE III: PLEADINGS AND MOTIONS
• Citation: Fed. R. Civ. P. 16

Text

(a) PURPOSES OF A PRETRIAL CONFERENCE. In any action, the
court may order the attorneys and any unrepresented parties to
appear for one or more pretrial conferences for such purposes as:
(1) expediting disposition of the action;
(2) establishing early and continuing control so that the case
will not be protracted because of lack of management;
(3) discouraging wasteful pretrial activities;
(4) improving the quality of the trial through more thorough
preparation; and
(5) facilitating settlement.
(b) SCHEDULING.
(1) Scheduling Order. Except in categories of actions exempt-
ed by local rule, the district judge—or a magistrate judge
when authorized by local rule—must issue a scheduling order:
(A) after receiving the parties’ report under Rule 26(f); or
(B) after consulting with the parties’ attorneys and any
unrepresented parties at a scheduling conference.
(2) Time to Issue. The judge must issue the scheduling order
as soon as practicable, but unless the judge finds good cause
for delay, the judge must issue it within the earlier of 90 days
after any defendant has been served with the complaint or 60
days after any defendant has appeared.
(3) Contents of the Order.
(A) Required Contents. The scheduling order must limit
the time to join other parties, amend the pleadings, com-
plete discovery, and file motions.
(B) Permitted Contents. The scheduling order may:
(i) modify the timing of disclosures under Rules 26(a)
and 26(e)(1);
(ii) modify the extent of discovery;
(iii) provide for disclosure, discovery, or preservation
of electronically stored information;

(iv) include any agreements the parties reach for as-
serting claims of privilege or of protection as trial-
preparation material after information is produced, in-
cluding agreements reached under Federal Rule of Evi-
dence 502;
(v) direct that before moving for an order relating to
discovery, the movant must request a conference with
the court;
(vi) set dates for pretrial conferences and for trial;
and
(vii) include other appropriate matters.
(4) Modifying a Schedule. A schedule may be modified only for
good cause and with the judge’s consent.
(c) ATTENDANCE AND MATTERS FOR CONSIDERATION AT A PRETRIAL
CONFERENCE.
(1) Attendance. A represented party must authorize at least
one of its attorneys to make stipulations and admissions
about all matters that can reasonably be anticipated for dis-
cussion at a pretrial conference. If appropriate, the court may
require that a party or its representative be present or reason-
ably available by other means to consider possible settlement.
(2) Matters for Consideration. At any pretrial conference, the
court may consider and take appropriate action on the follow-
ing matters:
(A) formulating and simplifying the issues, and eliminat-
ing frivolous claims or defenses;
(B) amending the pleadings if necessary or desirable;
(C) obtaining admissions and stipulations about facts
and documents to avoid unnecessary proof, and ruling in
advance on the admissibility of evidence;
(D) avoiding unnecessary proof and cumulative evidence,
and limiting the use of testimony under Federal Rule of
Evidence 702;
(E) determining the appropriateness and timing of sum-
mary adjudication under Rule 56;
(F) controlling and scheduling discovery, including or-
ders affecting disclosures and discovery under Rule 26 and
Rules 29 through 37;
(G) identifying witnesses and documents, scheduling the
filing and exchange of any pretrial briefs, and setting
dates for further conferences and for trial;
(H) referring matters to a magistrate judge or a master;
(I) settling the case and using special procedures to as-
sist in resolving the dispute when authorized by statute or
local rule;
(J) determining the form and content of the pretrial
order;
(K) disposing of pending motions;
(L) adopting special procedures for managing potentially
difficult or protracted actions that may involve complex
issues, multiple parties, difficult legal questions, or un-
usual proof problems;
(M) ordering a separate trial under Rule 42(b) of a claim,
counterclaim, crossclaim, third-party claim, or particular
issue;

(N) ordering the presentation of evidence early in the
trial on a manageable issue that might, on the evidence,
be the basis for a judgment as a matter of law under Rule
50(a) or a judgment on partial findings under Rule 52(c);
(O) establishing a reasonable limit on the time allowed
to present evidence; and
(P) facilitating in other ways the just, speedy, and inex-
pensive disposition of the action.
(d) PRETRIAL ORDERS. After any conference under this rule, the
court should issue an order reciting the action taken. This order
controls the course of the action unless the court modifies it.
(e) FINAL PRETRIAL CONFERENCE AND ORDERS. The court may
hold a final pretrial conference to formulate a trial plan, includ-
ing a plan to facilitate the admission of evidence. The conference
must be held as close to the start of trial as is reasonable, and
must be attended by at least one attorney who will conduct the
trial for each party and by any unrepresented party. The court
may modify the order issued after a final pretrial conference only
to prevent manifest injustice.
(f) SANCTIONS.
(1) In General. On motion or on its own, the court may issue
any just orders, including those authorized by Rule
37(b)(2)(A)(ii)–(vii), if a party or its attorney:
(A) fails to appear at a scheduling or other pretrial con-
ference;
(B) is substantially unprepared to participate—or does
not participate in good faith—in the conference; or
(C) fails to obey a scheduling or other pretrial order.
(2) Imposing Fees and Costs. Instead of or in addition to any
other sanction, the court must order the party, its attorney,
or both to pay the reasonable expenses—including attorney’s
fees—incurred because of any noncompliance with this rule,
unless the noncompliance was substantially justified or other
circumstances make an award of expenses unjust.

Advisory Committee Notes

(As amended Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015.)