Also known as: pre-trial scheduling order · pretrial scheduling orders · scheduling order
Written by attorneys · grounded in primary & secondary sources — see below
A court order that establishes deadlines for pretrial activities such as joinder of parties, amendment of pleadings, completion of discovery, and filing of motions. The order is issued after the parties confer and must be entered as soon as practicable but no later than 90 days after service of the complaint or 60 days after a defendant appears unless good cause justifies delay.
Precision Tools sued Pacific Bank for breach of a supply contract. The parties conferred on proposed deadlines for discovery and motions. Because the conference occurred 25 days before the court was to issue the order, the timing satisfied the requirement that the parties meet at least 21 days in advance.
Platinum Partners sued Prime Logistics alleging delayed shipments. The court entered a scheduling order fixing a discovery cutoff. When new evidence surfaced, Prime Logistics moved to extend the cutoff. The court evaluated whether good cause existed to alter the deadlines already set in the order.
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A schedule may be modified only for good cause and with the judge's consent. Courts weigh the moving party's diligence, the reason for the change, prejudice to the opponent, and impact on the docket and trial date.
The judge must issue the order as soon as practicable and, absent good cause for delay, within the earlier of 90 days after any defendant is served or 60 days after any defendant appears.
The order must limit the time to join parties, amend pleadings, complete discovery, and file motions. It may also address other matters such as discovery of electronically stored information and preservation obligations.
The court may hold a pretrial conference to simplify issues, eliminate frivolous claims, allow amendments, and formulate a trial plan. The scheduling order sets the framework within which these conference decisions occur.
…In fact, Krupski moved to amend her complaint to add Costa Crociere within the time period prescribed by the District Court’s scheduling order. See App. 3, 6-7; Record, Doc. 23, p. 1. Concurring opinions Concurring in part and concurring in the judgment — Justice Scalia I join the Court’s opinion except for its reliance,…