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Rule 16.2 – Scheduling Orders

May 14, 2021 | Civil Procedure, Vermont

After a pretrial or discovery conference or after a hearing called for that purpose, the court may enter or amend a scheduling order which may provide:

(i) set a date or dates by which all pretrial motions, except those based on circumstances that arise after the cut-off date or a motion to dismiss for lack of subject matter jurisdiction, must be filed;
(ii) set a date by which third parties may be brought into the action pursuant to V.R.C.P. 14;
(iii) provide for discovery of electronically stored information;
(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation materials after production;
(v) set a date at which the case will be tried, or a date after which the case will be considered ready for trial so that it will appear on a trial list and thereafter be governed by V.R.C.P. 40(a).

Except as herein provided, a scheduling order controls the subsequent course of the action and takes precedence over any rule with respect to the time for taking any action or the scheduling of actions for trial. A case subject to a scheduling order may be continued only on motion and a showing of good cause. The date of a conference or action of a party as ordered by the court may be extended only on motion and a showing of good cause.

The terms of a scheduling order shall be determined with reasonable accommodation to litigants and their counsel and shall be modified where necessary to prevent manifest injustice. When a party fails to obey a scheduling order, the court may impose the sanctions provided in Rule 37(b)(2)(B) or (C) or, if the failure is to appear for trial as directed, dismiss the action or enter a default.

V.R.C.P. 16.2

Added Nov. 9, 1982, eff. Feb. 1, 1983; eff May 7, 2009.