What is a Scheduling Order?

A Scheduling Order is a court-issued timeline that governs discovery, motion practice, and pretrial steps; it controls case sequencing and is enforceable once entered by the court.

Who must sign the order?

Counsel typically prepare a proposed order; the presiding judge must sign or adopt it for the timetable to be binding on parties.

Can the Order be signed electronically?

Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the platform captures intent, attribution, and retention.

What if a deadline is missed?

Missing a deadline can lead to sanctions, evidentiary exclusion, or denial of relief. Seek prompt court relief or a stipulation if possible to avoid prejudice.

How do you amend the Order?

File a motion to modify the scheduling order or submit a stipulated amended order showing good cause and proposed dates for court approval.

Where should I check local rules?

Consult the district or county court local rules and the clerk’s e-filing instructions to confirm scheduling conference timing and required submissions.

Electronic Signature
Templates
Legal
Legal Preliminary Scheduling Order

Legal Preliminary Scheduling Order

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

PRELIMINARY SCHEDULING ORDER

In the , Case Number , before the Honorable , the parties Plaintiff: and Defendant: , having submitted a proposed scheduling order, the Court hereby issues the following Preliminary Scheduling Order.

RECITALS

WHEREAS, the parties have met and conferred and provided the Court with the parties' positions regarding scheduling and discovery; and

WHEREAS, the Court finds that entry of a scheduling order will promote the just, speedy, and inexpensive determination of this action under the applicable rules and standards; and

WHEREAS, the Court has considered the complexity of the case, the number of parties, the anticipated scope of discovery, and other relevant factors;

NOW, THEREFORE, IT IS ORDERED as follows:

1. INITIAL CASE MANAGEMENT CONFERENCE

A telephonic or in-person Case Management Conference will be held on at . Counsel shall appear prepared to discuss calendar availability, discovery plan, and alternative dispute resolution.

2. INITIAL DISCLOSURES

Counsel for all parties must make initial disclosures required by the governing procedural rules on or before . Disclosures must be complete and in formats reasonably usable by the recipients.

3. JOINDER OF PARTIES / AMENDMENT OF PLEADINGS

All motions to join additional parties or to amend the pleadings shall be filed on or before . Any such motion must include a proposed amended pleading and a statement of prejudice if the motion is granted.

4. FACT DISCOVERY

All fact discovery shall be completed by . Depositions shall be noticed with sufficient time to complete by the cutoff. Discovery motions shall be filed promptly and no later than the dispositive motion deadline set below unless otherwise ordered.

5. EXPERTS

(a) Plaintiff's affirmative expert reports and required disclosures shall be served by .

(b) Defendant's affirmative expert reports and required disclosures shall be served by .

(c) Rebuttal expert reports shall be served by . Expert depositions shall be completed by .

6. DISPOSITIVE MOTIONS

All dispositive motions, including motions for summary judgment, shall be filed and served no later than . Responses and replies shall be filed in accordance with the applicable rules and local practice.

7. SETTLEMENT CONFERENCE / ADR

The parties shall complete a court-approved settlement conference, mediation, or other ADR procedure by . Counsel shall file a joint ADR status notice within seven (7) days after the ADR session stating whether settlement was reached.

8. PRETRIAL CONFERENCE AND TRIAL

A Final Pretrial Conference will be held on at . Trial is scheduled to begin on . The parties shall advise the Court promptly of any conflicts with these dates.

9. EXCHANGE OF TRIAL MATERIALS

The parties shall exchange exhibit lists, witness lists, proposed voir dire questions, and proposed jury instructions no later than . Motions in limine shall be filed no later than .

10. ELECTRONICALLY STORED INFORMATION (ESI)

The parties shall confer regarding preservation and production of ESI and shall promptly meet and confer to prepare a written ESI protocol. Any disputes concerning ESI shall be raised with the Court without delay. The parties acknowledge a litigation hold is in effect.

11. FAILURE TO COMPLY

Failure to comply with this Order may result in sanctions, including but not limited to monetary sanctions, evidentiary exclusion, preclusion of claims or defenses, dismissal, or entry of default, as authorized by the applicable rules and the Court's inherent authority.

12. NOTICES

Counsel for Plaintiff Counsel for Defendant

13. AMENDMENTS, WAIVER, AND COUNTERPARTS

This Order may be amended only by written order of the Court. Any request to modify deadlines must be made in a noticed motion and show good cause. No failure by a party to insist upon strict compliance with any provision of this Order shall constitute a waiver of that provision.

14. GOVERNING LAW

This Order shall be governed by the Federal Rules of Civil Procedure and the local rules of the issuing Court. Where federal rules do not address an issue, controlling law shall be applied as set forth by the applicable jurisdiction.

15. ENTIRE AGREEMENT

This Order constitutes the Court's full scheduling directive in this matter until superseded by a subsequent order. Any agreements between the parties that conflict with this Order are unenforceable unless adopted by the Court in a written order.

16. SEVERABILITY

If any provision of this Order is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent consistent with the Court's authority.

Additional Provisions or Special Instructions

Plaintiff

Printed Name:

By:

Date:

Defendant

Printed Name:

By:

Date:

What a Legal Preliminary Scheduling Order Is

A Legal Preliminary Scheduling Order is a court-issued case management directive that sets early deadlines and milestones for litigation. It typically identifies the parties, the court, the case number, and dates for initial conferences, discovery, motions, and pretrial events. The order guides timing for disclosures, service deadlines, and sequencing of dispositive motions. It may be entered after the parties' Rule 26(f) conference in federal cases or under analogous state procedures. The scheduling order becomes part of the case record and controls timing unless later modified by the court.

Why an Early Scheduling Order Matters

A Preliminary Scheduling Order brings clarity to case timing, reduces surprises, and helps allocate discovery and motion work. It supports efficient docket management, encourages early dispute narrowing, and gives parties predictable deadlines to meet court expectations.

Who Typically Prepares and Relies on This Order

The Preliminary Scheduling Order is prepared by counsel and entered by the court; several parties rely on it to plan litigation tasks.

Plaintiff’s counsel plans initial disclosures and service schedules to meet court deadlines.
Defense counsel calendars discovery cutoffs, deposition windows, and motion deadlines promptly.
Court clerks and case managers enforce dates and coordinate conferences with the presiding judge.

All involved practitioners should record the dates in their case management systems and notify team members to avoid waiver or sanction risk.

Core Elements to Include in a Professional Scheduling Order

A complete Scheduling Order lists case identifiers, a timeline table, discovery limits, motion deadlines, and conference dates to govern the litigation schedule.

Caption

Court name, case title, and case number as shown on docket; essential for filing and service.

Initial Deadlines

Dates for Rule 26(f) conference, initial disclosures, and service of process where applicable.

Discovery Schedule

Discovery cutoff, deposition limits, and written discovery deadlines including response timeframes.

Motions Calendar

Deadlines for dispositive motions, Daubert motions, and briefing schedules with hearing windows.

Conference Dates

Scheduling conference, status conferences, and pretrial conference dates with expected attendance.

Case Management

Special provisions (page limits, protective orders, ESI protocols, settlement deadlines) that control process.

Step-by-Step: Preparing and Filing a Scheduling Order

Follow these steps to draft, review, and submit a Preliminary Scheduling Order that aligns with court rules and local practice.

01

Gather Case Data: Collect caption, case number, counsel names, and prior orders.
02

Draft Schedule: Populate deadlines and ESI or discovery provisions aligned to rules.
03

Meet and Confer: Negotiate dates with opposing counsel and note agreed changes.
04

File and Serve: E-file per local rules and serve all parties per court procedure.

Configuring an Online Workflow for the Scheduling Order

Set up a repeatable eWorkflow to assemble, review, sign, and file the Scheduling Order using document templates and signer roles.

Field	Configuration
Template	Pre-fill caption, parties, and judge fields for reuse.
Signature Method	Configure signer order and authentication level.
Notifications	Enable email alerts for upcoming deadlines and signatures.
Attachments	Attach ESI protocols, proposed orders, and stipulated deadlines.

Where and How to Submit the Signed Order

Submission routes depend on the forum; follow electronic filing rules and clerk instructions to ensure the order is entered on the docket.

Federal eFiling: File via CM/ECF per district rules; upload proposed order PDF.
State Portals: Use the state e-filing system or clerk’s office as required by local rules.
Clerk Filing: If e-filing unavailable, submit paper copies to the clerk for entry.
Service: Serve all counsel and unrepresented parties after filing per rule.

Digital Signing and Platform Considerations

Choose an eSignature workflow that supports secure signing, audit trails, and court-acceptable PDF output.

File Formats: PDF and DOCX supported; courts typically accept signed PDFs.
Signer Authentication: Email or SMS codes; stronger ID available where required.
Integrations: Connectors for case management and cloud storage ease filing.

Verify the chosen platform produces a tamper-evident PDF, includes a clear audit trail (IP, timestamp), and integrates with your document management or e-filing system.

Common Deadlines Found in a Preliminary Scheduling Order

Scheduling Orders usually set a sequence of deadlines tied to early case events; exact timing varies by forum and case complexity.

Initial Conference Deadline:

Date for scheduling or Rule 26(f) conference, often within 30–90 days of appearance.

Initial Disclosures:

Date parties must exchange required disclosures and lists of witnesses.

Discovery Cutoff:

Final date by which fact discovery must be completed.

Dispositive Motion Deadline:

Deadline for filing summary judgment or similar dispositive motions.

Pretrial Conference:

Date for pretrial preparation, exhibit lists, and jury instructions where applicable.

Key Milestones from Filing to Trial

Milestone stages show the typical progression from case initiation through pretrial events under a Scheduling Order.

01

Case Filed

Complaint and summons are filed and served, triggering initial timelines.

02

Rule 26(f) Conference

Parties meet to discuss discovery, ESI, and propose a scheduling plan.

03

Scheduling Conference

Court reviews proposed dates and issues the Preliminary Scheduling Order.

04

Case Management

Deadlines for discovery, motions, and pretrial tasks proceed under court oversight.

Common Preparation Mistakes to Avoid

Entering inconsistent case numbers or misnamed parties that result in clerk rejection and re-filing delays.
Using ambiguous deadlines (e.g., 'within ninety days') instead of specific MM/DD/YYYY dates for clarity.
Failing to meet-and-confer requirements before submitting dates, which can prompt the court to reject proposed timelines.
Omitting ESI or protective-order provisions when discoverable electronic data is likely to be significant.

Consequences of Missing or Incorrect Orders

Missed Deadline: May lead to motion denial or exclusion of evidence.

Sanctions: Court may impose monetary or case-management sanctions.

Waiver: Failure to timely assert defenses or objections can create waiver.

Delay: Incorrect dates cause scheduling conflicts and trial postponement.

Evidentiary Exclusion: Late disclosures risk exclusion under rules of evidence.

Default Risk: Severe noncompliance can lead to default or dismissal.

Required Information and Security Considerations

Case Caption: Exact caption required

Case Number: Court-assigned number

Party Names: Full legal party names

Deadlines: Specific MM/DD/YYYY dates

Judge: Presiding judge or magistrate

Attachments: ESI protocol, proposed order

Who Signs and Who Has Authority

Presiding Judge

The judge or magistrate signs to enter the order; the judge’s signature makes the schedule binding and enforceable on the parties and the court.

Lead Counsel

Counsel for the parties often prepare and propose the order; counsel’s signatures represent agreement to proposed dates but do not substitute for the court’s endorsement.

Real-World Examples of Scheduling Orders in Practice

Below are two practical examples showing how orders shape litigation flow and resource planning.

Civil Complex Case

Parties file competing schedules and attend a court conference to resolve differences.

Court issues a single consolidated schedule.
The unified order clarified discovery windows, reduced repeated motion practice, and established a firm dispositive motion timetable to streamline resolution.

Employment Dispute

Counsel propose tight discovery dates to preserve witness availability.

Judge adjusts deadlines for deposition sequencing.
The entered order balanced party needs and limited discovery scope, avoiding excessive depositions and focusing motions on dispositive legal issues.

eSignature Vendor Pricing and Feature Comparison for Filing and Signing

Basic pricing and feature availability across common eSignature vendors; signNow appears first per platform positioning rules.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varied offerings	Varied offerings	Varied offerings	Varied offerings
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About Scheduling Orders

Answers to common questions on preparation, signing, filing, and correcting a Preliminary Scheduling Order.

Need help? Contact support

What is a Scheduling Order?
A Scheduling Order is a court-issued timeline that governs discovery, motion practice, and pretrial steps; it controls case sequencing and is enforceable once entered by the court.
Who must sign the order?
Counsel typically prepare a proposed order; the presiding judge must sign or adopt it for the timetable to be binding on parties.
Can the Order be signed electronically?
Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the platform captures intent, attribution, and retention.
What if a deadline is missed?
Missing a deadline can lead to sanctions, evidentiary exclusion, or denial of relief. Seek prompt court relief or a stipulation if possible to avoid prejudice.
How do you amend the Order?
File a motion to modify the scheduling order or submit a stipulated amended order showing good cause and proposed dates for court approval.
Where should I check local rules?
Consult the district or county court local rules and the clerk’s e-filing instructions to confirm scheduling conference timing and required submissions.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now