Scheduling Order and Pretrial Conferences

When the scheduling order and pretrial conferences is used

Timing: early in the case and throughout. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• Rule 16(b) governs the scheduling order; Rule 16(a), (c) and (e) cover pretrial conferences and the final pretrial order.

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 online. Also, the federal judiciary publishes the current rules and recent amendments.

The scheduling order and pretrial conferences in state court

This page covers the federal version. In state court, the scheduling order and pretrial conferences 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:

• Scheduling order: a court order setting deadlines for the main stages of a case.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Modify the Scheduling Order: a request to change a deadline in the court's scheduling order.
• Rule 26(f) Conference and Discovery Plan: the meeting where the parties discuss the case and prepare a proposed discovery plan for the court.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.