Rule 16.Pretrial conferences
Part III: Pleadings, Motions, and Orders · Last amended November 1, 2011 · Last verified July 13, 2026
Full Text of Rule 16
Amendment History
Amended effective January 1, 1987; November 1, 1999; November 1, 2007; November 1, 2011.
Advisory Committee Notes
For the purposes of this rule, “ADR” is as defined in CJA Rule 4-510.01.
Plain-English Summary
Rule 16 gives the court a set of tools for managing a case as it moves toward trial. On its own initiative or on motion, the court can order attorneys and, when it makes sense, the parties themselves to appear for a pretrial conference. The list of purposes in Rule 16(a) is broad: moving the case along, keeping it from stalling for lack of oversight, discouraging wasted effort, sharpening trial preparation, encouraging mediation or other alternative dispute resolution, and setting deadlines for joining parties, amending pleadings, filing motions, and completing discovery, including deadlines for preserving and producing electronically stored information and agreements about privilege claims.
Unless the court has already set a trial date by order, Rule 16(b) requires the plaintiff — and allows any party — to certify to the court once discovery closes that discovery is complete, that any required mediation or other ADR has been finished or excused, and that the case is ready for trial. The court then schedules trial at a time convenient for everyone and notifies the parties of both the trial date and any final pretrial conference. That final pretrial conference, addressed in Rule 16(c), focuses on settlement and trial management and is held as close to the trial date as circumstances allow.
Rule 16(d) backs all of this with sanctions. If a party or attorney disobeys a scheduling order, skips a conference, shows up unprepared, or doesn't participate in good faith, the court can act on its own or on motion and impose any sanction available under Rule 37(b), the same sanctions used for discovery misconduct.
Frequently Asked Questions
What happens at a pretrial conference in a Utah civil case?
The court can use it for a wide range of case-management purposes: setting deadlines for joining parties, amending pleadings, filing motions, and finishing discovery; encouraging mediation or other ADR; addressing electronically stored information; and generally keeping the case moving toward trial without wasted effort.
Can the court sanction me for being unprepared at a pretrial conference?
Yes. Rule 16(d) authorizes the court, on its own initiative or on motion, to impose any sanction available under Rule 37(b) against a party or attorney who disobeys an order, misses a conference, shows up substantially unprepared, or fails to participate in good faith.
What is a final pretrial conference, and how is it different from an earlier one?
Rule 16(c)'s final pretrial conference focuses specifically on settlement and trial management, and the court holds it as close to the trial date as reasonably possible, after discovery and earlier case-management work are largely done.
How does discovery scheduling connect to Rule 16?
Once discovery closes, Rule 16(b) requires the plaintiff, and allows any party, to certify to the court that discovery is complete and that any required mediation or ADR has been finished or excused. That certification is what triggers the court to set a trial date, unless one has already been ordered.