Section 4. Conclusion

It is important to seek a scheduling order early in the case, establish reasonable deadlines at the outset, and then calendar those deadlines to avoid missing one. Also, as stated earlier, if it looks like a required matter cannot be completed within the applicable deadline, it will be to your advantage to file for relief before the deadline has passed.  A party seeking to establish “good cause” to modify a scheduling order will be more likely to succeed if it has otherwise complied with the scheduling order and can demonstrate that the opposing party will not suffer any undue prejudice by extending the deadline.

Because a scheduling order helps the parties guide the case to a speedy resolution, a strong argument can be made that one should be entered in every case, although the lack of resources in many of our judicial circuits makes it difficult for the courts to be engaged in active case management and thus initiate the imposition of scheduling orders.  However, the courts should readily grant any party’s request for a reasonable scheduling order and should impose reasonable deadlines to move the case forward to resolution, by motion, settlement or trial.  Consistent judicial enforcement of those deadlines, in the absence of a showing of good cause or a lack of prejudice, will encourage appropriate conduct by the lawyers, reducing bickering and the need for motion practice, and reduce the stress imposed on lawyers and judges.