Rule 40 Scheduling cases for trial

Here's a plain English summary of this rule.

The court decides when a case will go to trial. This can happen in one of three ways: the judge sets a trial date on their own, the judge issues a scheduling order (which is covered under Rule 16), or someone involved in the case files a motion asking for a trial date to be set.

Some cases jump ahead of others in line. If the Constitution, a law, or another court rule says a certain type of case deserves priority, the court has to move that case forward faster than regular cases. This means certain cases, like ones involving urgent legal rights, get scheduled sooner rather than waiting their turn.

For anyone involved in a lawsuit, this means you don't automatically get to pick your trial date. The court controls the timeline, though you or your lawyer can ask the court to set one through a motion if needed.