Motion to Modify the Scheduling Order

When the motion to modify the scheduling order is used

Timing: before the deadline you need changed, where possible. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• A schedule may be modified only for good cause and with the judge's consent (Rule 16(b)(4)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 16(b)(4) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to modify the scheduling order in state court

This page covers the federal version. In state court, the motion to modify the scheduling order may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Good cause: a legally sufficient reason. Many rules require a showing of good cause before the court will grant a request.
• Scheduling order: a court order setting deadlines for the main stages of a case.
• Continuance: postponement of a hearing, trial or deadline.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Extension of Time: a request for more time to do something the rules or a court order require.
• Scheduling Order and Pretrial Conferences: the court's order setting deadlines for joining parties, amending pleadings, completing discovery and filing motions, and the conferences that manage the case.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.