Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThis rule authorizes the court to hold pretrial conferences with the attorneys to simplify issues, consider amendments and admissions, limit expert witnesses, and enter an order that narrows and controls the issues for trial.
(1)In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:
(a)The simplification of the issues;
(b)The necessity or desirability of amendments to the pleadings;
(c)The possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;
(d)The limitation of the number of expert witnesses;
(e)The advisability of a preliminary reference of issues to a commissioner;
(f)Such other matters as may aid in the disposition of the action.
(2)The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at or before the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 16 gives the court discretion to call the lawyers in for a pretrial conference before trial. At that conference, the court can take up simplifying the issues in the case, whether the pleadings need amending, whether the parties can agree on facts or documents to avoid needless proof, how many expert witnesses each side may call, whether some issues should go to a commissioner first, and any other matter that would help move the case along.
After the conference, the court enters an order recording what happened: what was decided, what amendments were allowed, and what the parties agreed to. That order then controls how the rest of the case proceeds, narrowing trial to the issues the admissions or agreements haven't already resolved. The order can still be changed later, at or before trial, if following it would cause manifest injustice. Courts also have discretion to set up a pretrial calendar by rule, and can limit it to jury cases, nonjury cases, or extend it to every case.
Frequently Asked Questions
What happens at a pretrial conference in a Kentucky civil case?
Under Rule 16, the court and attorneys can discuss simplifying the issues, whether the pleadings need amending, whether the parties can agree on facts or documents to avoid unnecessary proof, limits on expert witnesses, referring issues to a commissioner, and any other matter that would help move the case toward resolution.
Is a pretrial conference mandatory in Kentucky civil litigation?
No. Rule 16 says the court 'may in its discretion' direct the attorneys to appear for a conference, so it's up to the court whether to hold one.
Can the pretrial order be changed later?
Yes. The order entered after the conference controls the subsequent course of the action, but Rule 16 allows it to be modified at or before trial to prevent manifest injustice.
Can a pretrial order limit how many expert witnesses I can call at trial?
Yes. Rule 16(1)(d) lists 'the limitation of the number of expert witnesses' as one of the matters the court may take up at the conference, and any resulting order controls the trial unless later modified.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 16). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:pretrial conference Kentuckypretrial order civil caselimiting expert witnesses at trialsimplifying issues before trialpretrial calendarwhat happens at a scheduling conference