Multistate Bar Examination Practice Question

A final pretrial order controls the subsequent course of the litigation but is not set in stone. Rule 16(e) states that the court may modify the order "only to prevent manifest injustice." This is a stringent standard designed to maintain the order's integrity while allowing flexibility in extraordinary circumstances. Other proposed standards-such as unanimous party consent or a mere showing of good cause-apply to different contexts (for example, good cause is the test for modifying a scheduling order under Rule 16(b)(4)). If no basis exists to prevent manifest injustice, the court must adhere to the order.