Rule 26(f) Report and Discovery Plan

by Practical Law Litigation

A sample report and discovery plan (discovery order) that parties may use to memorialize the results of their meet and confer required by Federal Rule of Civil Procedure (FRCP) 26(f). This standard document provides sample language for documenting each of the topics parties must meet and confer about, including claims, defenses, discovery plans, and the preservation and production of electronically stored information (ESI). It provides guidance on initial disclosures, anticipated discovery topics, discovery limits, privilege claims, confidentiality, magistrate consent, and pre-trial motions, with options for modifying the plan as the case progresses. The drafting notes emphasize the importance of cooperation in handling ESI and privileged information and the necessity of submitting the discovery plan to the court within specified deadlines. This Standard Document includes drafting notes with important explanations and drafting tips.