Vt. R. Civ. P. 16.2

As amended through December 16, 2024

Rule 16.2 - [Effective 7/1/2025] 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.

V.R.C.P. 16.2

Added Nov. 9, 1982, eff. 2/1/1983; eff 5/7/2009; amended December 16, 2024 eff. 7/1/2025.

Reporter's Notes-2025 Amendment

Rule 16.2 is amended to reflect established practice. In practice, Rule 16.2 is implemented by agreement using individualized or standardized stipulations that combine discovery, case management, and mediation scheduling. The amendment to Rule 16.2(a) conforms to current practice to provide that a scheduling order may be entered on stipulation or motion, without the necessity for a pretrial or discovery conference.

The rule continues to provide that an extension of an existing schedule requires a motion and showing of good cause. The intent of Rule 16.2 is "that the court maintain firm but reasonable control over the pace of litigation without forcing the litigants to meet deadlines that will make preparation and full airing of the case impossible. The court must consider this standard both in establishing cut-off dates and in ruling on requests for continuances or extensions." V.R.C.P. 16.2, Reporter's Notes.

Former paragraph (v) is renumbered (b)(5) and amended to refer to the date at which "all discovery will be closed" instead of the date at which "the case will be tried." It is usually impractical to include a trial date in an early scheduling order. The close of all discovery is the controlling deadline that triggers both trial scheduling under V.R.C.P. 40(a) and the cut off under V.R.C.P. 56(a) for summary judgment motions, unless otherwise agreed or ordered.

A trial date may be included in an initial or modified order under new paragraph 16.2(b)(6), which is added to clarify that the list of permitted contents of a scheduling order is not exhaustive and may include other appropriate matters. See F.R.C.P. 16(b)(3)(B). This gives parties flexibility to address case-specific needs. For example, a scheduling order may limit the time to amend the pleadings, set the timing and sequence for disclosure of experts and for other discovery, provide the timing and method of how parties will comply with agreements for asserting claims of privilege or of protection as trial-preparation material, and schedule other matters necessary for the proper management of the case.

Former paragraphs (i)-(v) are relabeled as paragraphs (b)(1)-(5). Other text of the Rule is reorganized as separate subdivisions (a) through (d) with descriptive captions and changes made as a matter of style or for clarity, with no change of meaning.