Rule 16.2 Scheduling Orders

(a) Issuance. The court may enter a scheduling order on motion or on stipulation of the parties, or after a status conference, or discovery conference, or a hearing called for that purpose. The terms of a scheduling order must be determined with reasonable accommodation to litigants and their counsel.

(b) Contents. A scheduling order may:

(1) 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;

(2) set a date by which third parties may be brought into the action pursuant to V.R.C.P. 14;

(3) provide for discovery of electronically stored information;

(4) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation materials after production;

(5) set a date at which all discovery will be closed and 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);

(6) include other appropriate matters.

(c) Modification. A case subject to a scheduling order may be continued and the date of any action of a party as ordered by the court may be extended only on motion and a showing of good cause, but the court must modify a scheduling order where necessary to prevent manifest injustice.

(d) Enforcement and Effect. A scheduling order, unless modified, 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. 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.