Scheduling Order

What It Is

A scheduling order (Federal Rule 16(b)) is the court’s roadmap for your case. Issued early in the litigation, it sets deadlines for:

• Discovery cutoff — The last day to conduct discovery
• Disclosure of expert witnesses — If you’re using experts
• Dispositive motion deadline — When summary judgment and other motions must be filed
• Pretrial conference date
• Trial date (sometimes set later)

Why It Matters

These deadlines are hard deadlines. Missing them can be fatal:

• Discovery not completed by the cutoff? Too late.
• Summary judgment motion not filed by the deadline? Waived.
• Expert not disclosed on time? Excluded.

To modify a scheduling order, you need to show “good cause” under Rule 16(b)(4) — which requires showing diligence, not just forgetfulness.

Pro Se Concerns

• Calendar everything immediately — Put each deadline in your calendar with reminders
• Work backward from deadlines — If discovery closes in 6 months, you need to serve discovery requests early enough to get responses, file motions to compel if needed, and take depositions
• Don’t agree to dates you can’t meet — Speak up at the scheduling conference if the proposed timeline is too aggressive
• Request extensions early — If you need more time, file a motion well before the deadline, not after

Key Rules

• Rule 16(b) — Scheduling orders
• Rule 16(b)(4) — “Good cause” standard for modification