Issuing the FRCP 16(b) scheduling order
Rule 16(b)(2) requires the judge to issue a scheduling order as soon as practicable, and unless there is good cause for delay, within the earlier of 90 days after any defendant is served or 60 days after any defendant appears.
- FRCP 16(b)(2)
- FRCP 26(f)(1)
Find the scheduling order date
Federal civil cases.
Service of the complaint on any defendant.
Holidays and court closures
Federal holidays under 5 U.S.C. 6103 are always skipped, including the observed weekday when a holiday falls on a weekend.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Count 90 days after any defendant is served.
- Count 60 days after any defendant appears.
- Use the earlier date. That is when the scheduling order is due, absent good cause for delay.
- Plan the Rule 26(f) conference. It must happen at least 21 days before the scheduling order is due.
Worked examples
| Example | First served | Deadline |
|---|---|---|
| Served only | Tue, Sep 1, 2026 | Mon, Nov 30, 2026 |
| Defendant appeared quickly | Tue, Sep 1, 2026 | Thu, Nov 19, 2026 |
This is the court's deadline. The parties' job is to hold the Rule 26(f) conference and submit a discovery plan within 14 days after it. Some case types are exempt by local rule.
Common questions
When must a federal judge issue a scheduling order?
As soon as practicable, and unless good cause exists, within the earlier of 90 days after any defendant is served or 60 days after any defendant appears.
When is the Rule 26(f) conference?
As soon as practicable, and at least 21 days before a scheduling conference is held or a scheduling order is due.
Can the court delay it?
Yes, for good cause.
Sources
- Federal Rules of Civil Procedure, Rule 16(b)
- Federal Rules of Civil Procedure, Rule 26(f)
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.