In one sentenceRule 16 lets a judge call the attorneys together before trial to narrow the issues, streamline the evidence, and set a scheduling order — and, in medical malpractice cases, ties that conference to a firm timetable that a senior resident superior court judge or chief district court judge may reject only for good cause.
(a)In any action, the court may in its discretion direct the attorneys for the parties to appear before the court for a conference to consider
(1)The simplification and formulation of the issues;
(2)The necessity or desirability of amendments to the pleadings;
(3)The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(4)The limitation of the number of expert witnesses;
(5)The advisability or necessity of a reference of the case, either in whole or in part;
(6)Matters of which the court is to be asked to take judicial notice;
(7)Such other matters as may aid in the disposition of the action. If a conference is held, the judge shall make an order which recites the action taken at the conference, any amendments allowed to the pleadings, and any agreements made by the parties as to any of the matters considered, and which may limit 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 the trial to prevent manifest injustice. If any issue for trial as stated in the order is not raised by the pleadings in accordance with the provisions of Rule 8, upon motion of any party, the order shall require amendment of the pleadings.
(b)In a medical malpractice action as defined in G.S. 90-21.11, at the close of the discovery period scheduled pursuant to Rule 26(g), the judge shall schedule a final conference. After the conference, the judge shall refer any consent order calendaring the case for trial to the senior resident superior court judge or the chief district court judge, who shall approve the consent order unless the judge finds that:
(1)The date specified in the order is unavailable,
(2)The terms of the order unreasonably delay the trial, or
(3)The ends of justice would not be served by approving the order. If the senior resident superior court judge or the chief district court judge does not approve the consent order, the judge shall calendar the case for trial. In calendaring the case, the court shall take into consideration the nature and complexity of the case, the proximity and convenience of witnesses, the needs of counsel for both parties concerning their respective calendars, the benefits of an early disposition and such other matters as the court may deem proper.
Amendment History
(1967, c. 954, s. 1; 1987, c. 859, s. 4; 2011-199, s. 1.)
Plain-English Summary
Rule 16(a) lets the court, at its discretion, direct the attorneys to appear for a conference on simplifying and formulating the issues, the need for amendments to the pleadings, obtaining admissions of fact or documents that avoid unnecessary proof, limiting the number of expert witnesses, referring the case in whole or in part, matters for judicial notice, and anything else that would help move the case along. If the court holds a conference, its order recites what was decided, may limit the issues for trial to those not already resolved by admission or agreement, and controls the rest of the case unless changed at trial to prevent real unfairness; if a trial issue in the order was not raised by the pleadings, the court requires the pleadings amended to match under Rule 8.
Rule 16(b) adds a firm timetable for medical malpractice actions. Once the discovery period set under Rule 26(g) closes, the judge schedules a final conference, and any consent order calendaring the case for trial goes to the senior resident superior court judge or the chief district court judge for approval. That approval is required unless the reviewing judge finds the trial date unavailable, the terms of the order would unreasonably delay the trial, or the ends of justice would not be served — in which case the judge calendars the case directly, weighing the case’s nature and complexity, the convenience of witnesses, both sides’ scheduling needs, the value of an early trial, and any other relevant factor.
Frequently Asked Questions
Is a pretrial conference held in every North Carolina civil case?
No. Rule 16(a) leaves the decision to the court’s discretion — many cases proceed to trial without one.
What can a judge address at a Rule 16 pretrial conference?
Simplifying the issues, possible amendments to the pleadings, admissions that avoid unnecessary proof, limiting the number of expert witnesses, referring the case, matters for judicial notice, and any other matter that would help move the case toward disposition.
Can the trial schedule set in a medical malpractice case be changed?
The reviewing judge may reject a consent trial-scheduling order only if the date is unavailable, the terms would unreasonably delay the trial, or the ends of justice would not be served — otherwise approval is required.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 16). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:pretrial conferenceformulating issues for trialscheduling orderlimiting expert witnessesmedical malpractice trial schedulingfinal discovery conferenceconsent order calendaring trial