Rule 16(b) requires the court to issue a scheduling order early in the litigation process. The rule is intended to promote efficiency, reduce delay, and ensure active judicial management of civil litigation.
Key Requirements:
- Issuance of a Scheduling Order. Except for certain categories of cases exempted by local rule, the court must issue a scheduling order after:
- receiving the parties’ Rule 26(f) discovery plan report; or
- consulting with the parties at a scheduling conference.
- Timing. The scheduling order must be issued as soon as practicable and, absent good cause for delay, no later than:
- 90 days after any defendant has been served with the complaint, or
- 60 days after any defendant has appeared in the action, whichever occurs first.
- Required Contents. The scheduling order must set deadlines for:
- joining additional parties;
- amending pleadings;
- completing discovery; and
- filing motions.
- Permitted Contents. The court may also use the scheduling order to:
- modify Rule 26 disclosure requirements;
- adjust the extent of discovery;
- address the preservation, disclosure, or discovery of electronically stored information (ESI);
- incorporate privilege and clawback agreements under Federal Rule of Evidence 502;
- require a conference with the court before discovery motions are filed;
- set dates for pretrial conferences and trial; or
- include other matters necessary for effective case management.
- Modification of the Schedule. A scheduling order may be modified only upon a showing of good cause and with the court’s consent. Courts generally expect parties to comply with established deadlines and will not grant modifications absent a legitimate justification.
