In any action the court may on its own motion or on the motion of any party, and shall on the motion of all parties, direct the attorneys for the parties to appear before it at least twenty days before the case is set for trial for a conference to consider and determine:
Rule 16.Pre-Trial Procedure
Chapter III: Pleadings and Motions · Last amended April 13, 2000 · Last verified July 14, 2026
In one sentenceRule 16 lets the court call a pretrial conference — required if all parties ask for one — at least 20 days before trial to work through settlement, simplify the issues, address expert witnesses and damages, and set ground rules that control the rest of the case unless later changed to prevent manifest injustice.
Full Text of Rule 16
(a) The possibility of settlement of the action;
(b) the simplification of the issues;
(c) the necessity or desirability of amendments to the pleadings;
(d) itemizations of expenses and special damages;
(e) the limitation of the number of expert witnesses;
(f) the exchange of reports of expert witnesses expected to be called by each party;
(g) the exchange of medical reports and hospital records, but only to the extent that such exchange does not abridge the physician-patient privilege;
(h) the advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;
(j) the possibility of obtaining admissions of fact and of documents and other exhibits which will avoid unnecessary proof;
(k) in jury cases, proposed instructions, and in non-jury cases, proposed findings of fact and conclusions of law, all of which may be subsequently amended or supplemented as justice may require;
(l) such other matters as may aid in the disposition of the action.
The court may enter an order reciting the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any other matters considered, and limiting issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered shall control the subsequent course of the action, unless modified at the trial to prevent manifest injustice.
Amendment History
Effective April 13, 2000, Rule 16 was amended to allow the conference to be held pursuant to the court’s motion. 753-754 So. 2d. XVII (West Miss. Cas.. 2000.)
Effective March 1, 1989, Rule 16 was amended to abrogate provisions for a pretrial calendar. 536-538 So. 2d XXI (West Miss. Cas. 1989).
Plain-English Summary
Rule 16 gives the court a tool for shaping a case before it reaches trial. The court can call attorneys in for a conference on its own initiative or on any single party's motion, and it must do so if every party asks for one. Either way, the conference has to happen at least 20 days before the case is set for trial, giving the parties real time to prepare before the trial date locks in.
The rule lists a dozen subjects the conference can take up: the possibility of settlement, simplifying the issues, whether the pleadings need amending, itemizing expenses and special damages, limiting the number of expert witnesses, exchanging expert reports, exchanging medical records and hospital reports to the extent that doesn't intrude on the physician-patient privilege, referring issues to a master when the trial will be to a jury, sanctions under Rule 37, obtaining admissions that avoid unnecessary proof, proposed jury instructions or, in a non-jury case, proposed findings and conclusions, and any other matter that would help move the case along.
What comes out of the conference has teeth. The court can enter an order recording what was decided — the amendments allowed, the agreements reached, and the issues narrowed by admission or agreement — and that order then controls how the rest of the case proceeds. It isn't set in stone forever, though: the court can modify it at trial when needed to prevent manifest injustice, so the pretrial order guides the case without locking the parties into an unfair result.
Frequently Asked Questions
Can I force a pretrial conference to happen in my case?
Not by yourself. The court may hold a conference on its own motion or on the motion of any single party, but it must hold one if all parties join in asking for it.
What topics can come up at a Rule 16 pretrial conference?
The rule lists a dozen possibilities, including settlement, simplifying the issues, pleading amendments, itemizing damages, limiting and exchanging expert witness information, exchanging medical records subject to the physician-patient privilege, referring issues to a master, Rule 37 sanctions, admissions that avoid unnecessary proof, and proposed jury instructions or findings.
Once the court enters a pretrial order, is it final?
Not entirely. The order controls the subsequent course of the action, but the court can still modify it at trial when necessary to prevent manifest injustice.
Do I have to share every medical record at the pretrial conference?
No. Rule 16(g) limits the exchange of medical reports and hospital records to what doesn't abridge the physician-patient privilege.
How far before trial does the conference have to happen?
At least 20 days before the case is set for trial, giving the parties time to act on whatever the conference resolves before the trial date arrives.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: ms pretrial conference rulerule 16 case management mississippiexpert witness pretrial disclosure mspretrial order manifest injustice mississippimississippi rule 16 settlement conference