FEDERAL RULES OF CIVIL PROCEDURE
Articles III-Rule 15

FEDERAL RULES OF CIVIL PROCEDURE

ARTICLE III-PLEADINGS AND MOTIONS

Rule 16. Pretrial Conferences; Scheduling; Management

(a) Pretrial Conferences; Objectives.

In any action, the court may in its discretion direct the attorneys for the parties and
any unrepresented parties to appear before it for a conference or conferences before
trial for such purposes as

(1) expediting the 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 the settlement of the case.

(b) Scheduling and Planning.

Except in categories of actions exempted by district court rule as inappropriate, the
district judge, or a magistrate judge when authorized by district court rule, shall,
after receiving the report from the parties under Rule 26(f) or after consulting with
the attorneys for the parties and any unrepresented parties by a scheduling
conference, telephone, mail, or other suitable means, enter a scheduling order that
limits the time

(1) to join other parties and to amend the pleadings;

(2) to file motions; and

(3) to complete discovery.

The scheduling order may also include

(4) modifications of the times for disclosures under Rules 26(a) and 26(e)(1) and of
the extent of discovery to be permitted;

(5) the date or dates for conferences before trial, a final pretrial conference, and
trial; and

(6) any other matters appropriate in the circumstances of the case.

The order shall issue as soon as practicable but in any event within 90 days after the
appearance of a defendant and within 120 days after the complaint has been served
on a defendant. A schedule shall not be modified except upon a showing of good
cause and by leave of the district judge or, when authorized by local rule, by a
magistrate judge.

(c) Subjects for Consideration at Pretrial Conferences.

At any conference under this rule consideration may be given, and the court may
take appropriate action, with respect to

(1) the formulation and simplification of the issues, including the elimination of
frivolous claims or defenses;

(2) the necessity or desirability of amendments to the pleadings;

(3) the possibility of obtaining admissions of fact and of documents which will avoid
unnecessary proof, stipulations regarding the authenticity of documents, and
advance rulings from the court on the admissibility of evidence;

(4) the avoidance of unnecessary proof and of cumulative evidence, and limitations
or restrictions on the use of testimony under Rule 702 of the Federal Rules of
Evidence;

(5) the appropriateness and timing of summary adjudication under Rule 56 ;

(6) the control and scheduling of discovery, including orders affecting disclosures and
discovery pursuant to Rule 26 and Rules 27 through 37 ;

(7) the identification of witnesses and documents, the need and schedule for filing
and exchanging pretrial briefs, and the date or dates for further conferences and for
trial;

(8) the advisability of referring matters to a magistrate judge or master;

(9) settlement and the use of special procedures to assist in resolving the dispute
when authorized by statute or local rule;

(10) the form and substance of the pretrial order;

(11) the disposition of pending motions;

(12) the need for adopting special procedures for managing potentially difficult or
protracted actions that may involve complex issues, multiple parties, difficult legal
questions, or unusual proof problems;

(13) an order for a separate trial pursuant to Rule 42(b) with respect to a claim,
counterclaim, cross-claim, or third-party claim, or with respect to any particular
issue in the case;

(14) an order directing a party or parties to present evidence early in the trial with
respect to a manageable issue that could, 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) ;

(15) an order establishing a reasonable limit on the time allowed for presenting
evidence; and

(16) such other matters as may facilitate the just, speedy, and inexpensive
disposition of the action.

At least one of the attorneys for each party participating in any conference before
trial shall have authority to enter into stipulations and to make admissions regarding
all matters that the participants may reasonably anticipate may be discussed. If
appropriate, the court may require that a party or its representatives be present or
reasonably available by telephone in order to consider possible settlement of the
dispute.

(d) Final Pretrial Conference.

Any final pretrial conference shall be held as close to the time of trial as reasonable
under the circumstances. The participants at any such conference shall formulate a
plan for trial, including a program for facilitating the admission of evidence. The
conference shall be attended by at least one of the attorneys who will conduct the
trial for each of the parties and by any unrepresented parties.

(e) Pretrial Orders.

After any conference held pursuant to this rule, an order shall be entered reciting the
action taken. This order shall control the subsequent course of the action unless
modified by a subsequent order. The order following a final pretrial conference shall
be modified only to prevent manifest injustice.

(f) Sanctions.

If a party or party's attorney fails to obey a scheduling or pretrial order, or if no
appearance is made on behalf of a party at a scheduling or pretrial conference, or if
a party or party's attorney is substantially unprepared to participate in the
conference, or if a party or party's attorney fails to participate in good faith, the
judge, upon motion or the judge's own initiative, may make such orders with regard
thereto as are just, and among others any of the orders provided in Rule 37(b)(2)
(B), (C), (D). In lieu of or in addition to any other sanction, the judge shall require
the party or the attorney representing the party or both to pay the reasonable
expenses incurred because of any noncompliance with this rule, including attorney's
fees, unless the judge finds that the noncompliance was substantially justified or that
other circumstances make an award of expenses unjust.

 

Federal Rules of Civil Procedure Articles III  Rule 16. Pretrial Conferences; Scheduling; Management: Notes

Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules
Federal Civil Procedure-Volume-56-Table of Contents   
Articles III PLEADINGS AND MOTIONS-Table of Contents-Links To LII  
Federal Rules of Civil Procedure Articles III: Rule 13. Counterclaim and Cross-Claim
 

Federal Rules of Civil Procedure Articles III  Rule 13Third-Party Practice Notes