MBE Rules · Civil Procedure

Rule 16 — scheduling & pretrial orders

FRCP 16

The rule

The court must issue a scheduling order under Rule 16(b) within the earlier of 90 days after any defendant is served or 60 days after any defendant appears, limiting the time to join parties, amend pleadings, complete discovery, and file motions. The final pretrial order supersedes the pleadings and may be modified only to prevent manifest injustice.

In plain English

Rule 16 is the case-management backbone. Once entered, the scheduling order can only be modified for 'good cause' — a stricter standard than Rule 15's liberal amendment policy after the deadline passes.

The trap

Assuming Rule 15's liberal amendment standard still governs after the Rule 16 deadline — courts apply the stricter 'good cause' test.

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