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Rule 16.Pretrial procedure and formulating issues

Group 3: Pleadings and Motions · Last amended July 1, 1967 · Last verified July 13, 2026

In one sentenceRule 16 lets a court call the attorneys together for a pretrial conference to narrow the issues, encourage admissions, and limit expert witnesses, and gives the resulting pretrial order binding control over how the case proceeds to trial.

Full Text of Rule 16

Text sizeJump to: (a) (b)

(a) Hearing matters considered. By order, or on the motion of any party, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:
(1) The simplification 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) Such other matters as may aid in the disposition of the action.
(b) Pretrial order. The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits 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. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.

Amendment History

Adopted May 5, 1967, effective July 1, 1967.

Plain-English Summary

Rule 16 gives judges a tool for keeping a case from sprawling into trial unfocused. On its own motion or a party's request, the court may direct the attorneys to appear for a conference addressing a short list of practical topics: simplifying the issues, considering whether the pleadings need amendment, exploring admissions of fact or documents that could avoid unnecessary proof, limiting the number of expert witnesses, and anything else that might help move the case toward resolution.

What comes out of that conference is not just a meeting summary — it becomes a court order. The order recites what was decided, any amendments allowed to the pleadings, and the parties' agreements, and it narrows the issues left for trial to whatever was not resolved by admission or agreement. Once entered, that order controls how the rest of the case proceeds unless the court modifies it at trial to prevent manifest injustice, giving both sides real assurance that issues resolved at the conference will not resurface later. Courts also have discretion to establish a pretrial calendar for scheduling these conferences, and can limit it to jury cases, nonjury cases, or extend it to every action on the docket.

Frequently Asked Questions

What happens at a pretrial conference under Rule 16?

The attorneys meet with the court to simplify the issues in the case, consider whether the pleadings need amendment, explore admissions that could avoid unnecessary proof, discuss limiting the number of expert witnesses, and address anything else that might help resolve the action.

Is the pretrial order binding for the rest of the case?

Yes. The order recites what was decided at the conference and controls the subsequent course of the action, narrowing the issues left for trial.

Can a pretrial order be changed later?

Yes, but only if the court modifies it at trial to prevent manifest injustice. Otherwise the order stands as entered.

Does Rule 16 let a court limit the number of expert witnesses?

Yes. Limiting the number of expert witnesses is one of the topics the court may consider at a pretrial conference.

Who can request a pretrial conference?

The court may direct one on its own, or a party may move for one. The decision to hold the conference is within the court's discretion.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source
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