Read the Scheduling Order

Read the Scheduling Order

For those of you who litigate in my state, you will learn shortly after starting at a law firm that courts issue documents called scheduling orders, which outline the key dates in the case.

For most busy new attorneys, the temptation exists to simply forward this document to your assistant and have them calendar the relevant dates. After all, your assistant or paralegal likely has more experience than you and generally knows exactly what to do with those dates.

The problem, however, is that sometimes the scheduling orders contain additional instructions that require an attorney's eye, and sometimes even your wonderful assistant may not be perfect. Ensuring that you follow your scheduling order in a case is so important to make sure you don't miss any key deadlines or important instructions on behalf of your clients.

For example, sometimes courts will issue "file by" dates for dispositive motions. Other courts will say the motion must be "heard by" a specific date. This makes a huge difference in terms of when you calendar those dates. If you have a "heard by" date calendared as a "file by" date, you will miss this deadline.

So my advice is to take some time and review the scheduling order yourself in addition to allowing your assistant to do their work with it. Ensure those dates are correct on your calendar and that any additional instructions are noted.

I have a spot on the corkboard near my desk with all of my scheduling orders and list important dates and rules/procedures relating to it on my white board- in addition to the dates being in my calendar. Imo, the SO is the most important document in my file! And I agree- every judge seems to do things differently and we need to keep on top of that.

Alexander Berry-Santoro

Managing Attorney at Maxwell Dunn Law

2 个月

Invariably that order has other dates that are peculiar to that judge, and requirements that are also peculiar to that judge, these requirements are typically dispositive, or can be.

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