Rule 16.Pre-Trial Procedure: Formulating Issues
Part III. Pleadings and Motions · Last verified September 4, 2026
Full Text of Rule 16
Plain-English Summary
Rule 16 is one paragraph and gives the court a discretionary tool with a mandatory consequence.
The court may direct the attorneys to appear for a conference to consider eight things: simplification of the issues; the necessity or desirability of amendments to the pleadings; the possibility of obtaining admissions of fact and of documents to avoid unnecessary proof; limiting the number of expert witnesses; the advisability of a preliminary reference of issues to a master; the possibility of settlement; agreement as to damages; and such other matters as may aid disposition.
Two of those are worth pausing on in a domestic relations setting. The reference to a master connects to Rule 53, which this set keeps and which carries its own detailed procedure. And settlement is named in the rule itself, not left to practice.
The second half is the part with teeth. The court shall make an order reciting the action taken, the amendments allowed, and the agreements made, and limiting the issues for trial to those not disposed of by admissions or agreements of counsel. That order, once entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice.
So the conference is optional for the court but its output is not advisory. An issue not preserved in the pre-trial order is out of the case unless the trial judge reopens it on the manifest-injustice standard.
Frequently Asked Questions
Is a pre-trial conference required?
No. Rule 16 says the court may in its discretion direct the attorneys for the parties to appear before it for a conference.
What does a Rule 16 order do?
It recites the action taken at the conference, the amendments allowed to the pleadings and the agreements made by the parties, and limits the issues for trial to those not disposed of by admissions or agreements of counsel. Once entered it controls the subsequent course of the action unless modified at the trial to prevent manifest injustice.
Can a pre-trial order be changed?
The rule allows modification at the trial to prevent manifest injustice. That is the only escape the rule names.
What can be taken up at the conference?
Eight subjects: simplification of the issues; the necessity or desirability of amendments to the pleadings; the possibility of obtaining admissions of fact and of documents to avoid unnecessary proof; limitation of the number of expert witnesses; the advisability of a preliminary reference of issues to a master; the possibility of settlement; agreement as to damages; and such other matters as may aid in the disposition of the action.