PROPOSED SCHEDULING ORDER INSTRUCTIONS
• Please remove this page from the copy that is filed with the court.
• Please email a copy of the proposed scheduling order in an editable format to the
assigned magistrate judge’s chambers. If a magistrate judge is not associated
with the case, please email the copy to the district judge’s chambers.
• WARNING – Do not use this proposed scheduling order for a patent, ERISA, or
administrative review case under DUCivR 7-4.
UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
Proposed Scheduling Order
_____________________________________
Plaintiff, _______________________________
Case Number: (including assigned
vs. judge initials and referred magistrate
judge initials, if applicable)
_____________________________________
Defendant. _______________________________
. District Judge
_______________________________
Magistrate Judge
Under Fed. R. Civ. P. 16(b), the Local Rules of Practice, and the Order to
Propose Schedule, if applicable, an Attorney Planning Meeting has been held and the
Attorney Planning Meeting Report has been completed. The following deadlines may
not be modified without a court order consistent with Fed. R. Civ. P. 16(b)(4) and
DUCivR 83-4.
DEADLINES ARE 11:59 P.M. ON THE DATE INDICATED UNLESS
EXPRESSLY STATED OTHERWISE
1. PRELIMINARY MATTERS
a. Fed. R. Civ. P. 26(f)(1) Conference: (date the 00/00/00
conference was held)
b. Participants: (include the name of the party and attorney, if applicable)
c. Fed. R. Civ. P 26(a)(1) Initial Disclosures: (the parties 00/00/00
have exchanged initial disclosures or will exchange no
later than the date provided)
d. Under Fed. R. Civ. P. 5(b)(2)(E), the Yes ☐ No ☐
parties agree to receive all items
required to be served under Fed. R. Civ.
P. 5(a) by the court’s electronic-filing
system or email transmission.
Electronic service constitutes notice and
service as required by those rules. The
right to service by USPS mail is waived.
2. PROTECTIVE ORDER
a. The parties anticipate the case will Yes ☐ No ☐
involve the disclosure of information,
documents, or other materials that will be
designated as confidential.
b. If the case will involve the disclosure of information, documents, or other
materials that will be designated as CONFIDENTIAL, then good cause
exists for the court to enter the court’s Standard Protective Order (SPO)
under DUCivR 26-2: (describe the need for a protective order)
c. If a protective order is needed and the parties are not using the court’s
SPO, then the court’s SPO, in effect under DUCivR 26-2, will govern
until a different protective order—proposed by the parties via motion
under DUCivR 7-1(a)(4)(D)—is adopted by the court.
The parties’ proposed protective order should identify a process to
resolve all claims of waiver of attorney-client privilege or work-product
protection, whether or not the information, documents, or other materials
will be designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY,
and this process must be included in the proposed protective order
under Fed. R. Evid. 502(d): (describe the process)
d. If the parties do not anticipate the case will involve the disclosure of
information, documents, or the materials that will be designated as
CONFIDENTIAL, the parties still should identify, in the space below, a
process to resolve all claims of waiver of attorney-client privilege or
work-product protection, whether or not the information, documents, or
other materials will be designated as CONFIDENTIAL or ATTORNEYS’
EYES ONLY, and this process must also be included in the proposed
Scheduling Order: (describe the process)
3. DISCOVERY PLAN
a. Discovery Plan: The parties agree to the Yes ☐ No ☐
following discovery plan.
• If the parties disagree, clearly
indicate the disagreement in the
space below:
b. Discovery Subjects: (describe the subject areas in which discovery will
be needed)
c. Discovery Phases:
• Will discovery be conducted in phases? If so, please explain.
• Will discovery be limited to or focused on particular issues? If so,
please explain and identify whether discovery will be accelerated
on any issue and the due dates.
d. Electronically Stored Information: (describe how the parties will handle
discovery of electronically stored information)
e. Privilege or Protection – Trial Preparation Material: (describe how the
parties will handle claims of privilege or protection as to trial
preparation material asserted after production)
f. Generative Artificial Intelligence: (describe the parties’ agreement
about using public Generative AI tools used to analyze any confidential
information contained in a discovery production, including how the
information will be destroyed upon completion of the litigation)
4. FACT DISCOVERY
a. Fact Discovery Limitations—
1. Maximum number of depositions by Plaintiff: 10 or #
2. Maximum number of depositions by Defendant: 10 or #
3. Maximum number of hours for each deposition: 7 or #
(unless extended by agreement of parties)
4. Maximum interrogatories by any party to any party: 25 or #
5. Maximum requests for admissions by any party to any #
party:
6. Maximum requests for production by any party to any #
party:
b. Other Fact Discovery Deadlines—
1. Deadline to serve written discovery: 00/00/00
2. Deadline for fact discovery to close: 00/00/00
3. Deadline for supplementation of disclosures and 00/00/00
responses under Fed. R. Civ. P. 26(e): (optional)
5. AMENDING OF PLEADINGS AND JOINING OF PARTIES1
a. Deadline to file a motion to amend pleadings—
1. Plaintiff: 00/00/00
2. Defendant: 00/00/00
b. Deadline to file a motion to join additional parties—
1. Plaintiff: 00/00/00
2. Defendant: 00/00/00
6. EXPERT DISCOVERY
a. Filing of Notice of Designation required by DUCivR 26-1(a)(2)—
1. Parties bearing the burden of proof: 00/00/00
2. Parties not bearing the burden of proof: 00/00/00
b. Service of Fed. R. Civ. P. 26(a)(2) Disclosures and Reports—
1. Parties bearing the burden of proof: 00/00/00
2. Parties not bearing the burden of proof: 00/00/00
3. Rebuttal reports, if any: 00/00/00
c. Deadline for expert discovery to close: 00/00/00
7. OTHER DEADLINES AND TRIAL-RELATED INFORMATION2
a. Deadline for filing dispositive or potentially 00/00/00
dispositive motions: (including a motion to exclude
experts when expert testimony is required to
resolve the motion)
b. Deadline for filing a request for a scheduling 00/00/00
conference for the purpose of setting a trial date if
no dispositive motions are filed:
SO ORDERED this _________ day of ______, 202X.
BY THE COURT:
_____________________________________
[Judge’s Name]
[Type of Judge]
1 Counsel must still comply with the requirements of Fed. R. Civ. P. 15(a).
2 The court will enter the date in Section 7.b.
