Rule 16.Pretrial conferences; scheduling; management

Group III: Pleadings and Motions · Last amended June 1, 2022 · Last verified July 14, 2026

In one sentenceRule 16 lets the court hold pretrial conferences and issue scheduling and pretrial orders to manage a case's pace, narrow the issues, and set deadlines, with sanctions available for noncompliance.

Full Text of Rule 16

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Purposes of a Pretrial Conference. — In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:

(1) expediting disposition of the action;

(2) establishing early and continuing control so that the case will not be protracted because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation;

(5) facilitating settlement; and

(6) exploring removal to chancery court if the action is eligible.

(b) Scheduling. —

(1) Scheduling Order. — The judge, or a court commissioner when authorized by the Uniform Rules for the District Courts, may, after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference, telephone, mail or other suitable means, enter a scheduling order.

(2) Time to Issue. — The judge must issue the scheduling order as soon as practicable.

(3) Contents of the Order.

(A) Required Contents. — The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.

(B) Permitted Contents. — The scheduling order may:

(i) modify the timing of disclosures under Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;

(iii) provide for disclosure, discovery, or preservation of electronically stored information;

(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced;

(v) direct that before moving for an order relating to discovery, the movant must request a conference with the court;

(vi) set dates for pretrial conferences and for trial; and

(vii) include other appropriate matters.

(4) Modifying a Schedule. — A schedule may be modified only for good cause and with the judge’s consent.

(1) Attendance. — A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the court may require that a party or its representative be present or reasonably available by other means to consider possible settlement.

(2) Matters for Consideration. — At any pretrial conference, the court may consider and take appropriate action on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under Wyoming Rule of Evidence 702;

(E) determining the appropriateness and timing of summary adjudication under Rule 56;

(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rule 26 and Rules 29 through 37;

(G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;

(H) referring matters to a court commissioner or master;

(I) settling the case and using special procedures to assist in resolving the dispute under Rule 40(b) or other alternative dispute resolution procedures;

(J) determining the form and content of the pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

(M) ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, third-party claim, or particular issue;

(N) ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a) or a judgment on partial findings under Rule 52(c);

(O) establishing a reasonable limit on the time allowed to present evidence; and

(P) facilitating in other ways the just, speedy, and inexpensive disposition of the action.

(d) Pretrial Orders. — After any conference under this rule, the court shall issue an order reciting the action taken. This order controls the course of the action unless the court modifies it.

(e) Final Pretrial Conference and Orders. — The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice.

(f) Sanctions. —

(1) In General. — On motion or on its own, the court may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)—(vii), if a party or its attorney:

(A) fails to appear at a scheduling or other pretrial conference;

(B) is substantially unprepared to participate — or does not participate in good faith — in the conference; or

(2) Imposing Fees and Costs. — Instead of or in addition to any other sanction, the court must order the party, its attorney, or both to pay the reasonable expenses — including attorney’s fees — incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust.

End

Amendment History

Added February 2, 2017, effective March 1, 2017; amended March 15, 2022, effective June 1, 2022.

Plain-English Summary

Rule 16 hands the court tools to keep a lawsuit moving instead of letting it drift. The court can call the parties together for pretrial conferences to narrow the issues, cut wasteful motions, and push toward settlement. Central to this is the scheduling order, which the judge issues early in the case after talking with the parties. That order must set deadlines for joining parties, amending pleadings, finishing discovery, and filing motions, and it can also address discovery of electronically stored information, privilege agreements, and other case-management details. Once entered, a schedule can only be changed for good cause and with the judge's approval.

Beyond scheduling, Rule 16 lists the wide range of subjects a pretrial conference can cover, from simplifying the issues and ruling on evidence in advance to setting trial dates and adopting special procedures for a complex case. Whatever the court decides at a conference goes into a pretrial order that controls how the case proceeds unless later modified. Near trial, a final pretrial conference produces an order that can be changed only to prevent manifest injustice — a much higher bar than an ordinary scheduling order. And if a party or lawyer skips a conference, shows up unprepared, or ignores a scheduling order, the court can impose sanctions, and it must order that party, its attorney, or both to pay the other side's reasonable expenses unless the noncompliance was substantially justified or an award would be unjust.

Frequently Asked Questions

What is a scheduling order and when is it issued?

It is an order the judge enters early in a case, after consulting the parties, setting deadlines for joining parties, amending pleadings, completing discovery, and filing motions. The judge must issue it as soon as practicable.

Can a scheduling order deadline be changed?

Yes, but only for good cause and with the judge's consent. A schedule is not meant to bend just because a party finds it inconvenient.

What happens at a pretrial conference?

The court and parties can address a long list of case-management topics — narrowing the issues, ruling on evidence in advance, discussing settlement, scheduling discovery, and setting dates for trial, among others. Whatever the court decides gets written into a pretrial order.

Can the court punish a party for skipping a pretrial conference?

Yes. If a party or attorney fails to appear, shows up unprepared, does not participate in good faith, or disobeys a pretrial order, the court can issue sanctions, and it must require that party to pay the other side's reasonable expenses unless the noncompliance was substantially justified or an award would be unjust.

What is a final pretrial order and how hard is it to change?

It comes out of the final pretrial conference held close to trial and lays out the trial plan. Once entered, the court will modify it only to prevent manifest injustice, a stricter standard than applies to earlier scheduling orders.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

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