Prior to the trial of any action, the court, either on its own motion or the motion of any party, shall, after consulting with the attorneys for the parties and any unrepresented parties, enter a scheduling order that limits the time:
Rule 16.Pretrial Procedure — Formulating Issues
Part III: Pleadings and Motions · Last amended 1993 · Last verified July 16, 2026
In one sentenceRule 15-6-16 requires the court, after consulting with the attorneys and any unrepresented parties, to enter a scheduling order limiting the time to join parties, amend pleadings, file and hear motions, complete discovery, and hold pretrial conferences and trial, and it allows modification of that schedule only for good cause.
Full Text of Rule 15-6-16
(1) To join other parties and to amend the pleadings;
(2) To file and hear motions;
(3) To complete discovery;
(4) The date or dates for conference before trial, final pretrial conference and trial;
(5) Any other matters appropriate to the circumstances of the case. A schedule shall not be modified except by leave of the judge upon a showing of good cause.
Plain-English Summary
Rule 15-6-16 gets a case onto a timetable. Before trial, the court — acting on its own motion or a party’s — must consult with the attorneys and any unrepresented parties and then enter a scheduling order. That order sets outer limits on several categories of activity: joining other parties and amending pleadings, filing and hearing motions, and completing discovery. It also sets the dates for pretrial conferences, the final pretrial conference, and trial itself, along with any other matters the circumstances call for.
The rule’s value lies in forcing these deadlines into the open early, rather than letting a case drift without structure until trial approaches. Because the court consults with the parties before entering the order, the schedule reflects input from the people who will have to meet it, rather than being imposed unilaterally.
Once set, the schedule is not easily changed. Rule 15-6-16 allows modification only by leave of the judge, and only on a showing of good cause — a deliberate limit meant to keep scheduling orders meaningful rather than treating them as a starting point for endless extension requests.
Frequently Asked Questions
What does a scheduling order in a South Dakota civil case cover?
Rule 15-6-16 requires the order to limit the time to join other parties and amend pleadings, to file and hear motions, and to complete discovery, and to set the dates for pretrial conferences and trial, along with any other appropriate matters.
Who decides the deadlines in the scheduling order?
The court sets them, but only after consulting with the attorneys for the parties and any unrepresented parties, as Rule 15-6-16 requires before the order is entered.
Can either side ask the court to enter a scheduling order?
Yes. Rule 15-6-16 allows the court to enter the order on its own motion or on the motion of any party.
Can the deadlines in a scheduling order be changed later?
Only with the judge’s permission and only on a showing of good cause. Rule 15-6-16 states that a schedule shall not be modified except on those terms.
Does the scheduling order set the trial date?
Yes. Rule 15-6-16 requires the order to set the date or dates for the pretrial conference, the final pretrial conference, and trial.
Amendment History
—SDC 1939 & Supp 1960, § 33.1003; SD RCP, Rule 16, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 80-15; SL 1993, ch 384 (Supreme Court Rule 93-1).
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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