The conference of the parties under Rule 26(f) of the Federal Rules of Civil Procedure is the topic of this blog post.
The conference of the parties under Rule 26(f) of the Federal Rules of Civil Procedure is required for all parties to discuss and initiate the discovery process. The conference of the parties can be held over the phone or in person.
The conference of the parties under Rule 26(f) of the Federal Rules of Civil Procedure must be completed before any party can propound any discovery from another party.
It is a good idea for any party to take the initiative and call the opposing counsel or unrepresented party to schedule the conference of the parties under Rule 26(f) of the Federal Rules of Civil Procedure.
Topics for the conference of the parties under Rule 26(f) of the Federal Rules of Civil Procedure.
The topics that must be discussed are listed in many local rules. For example, in the United States District Court for the Central District of California, Local Rule 26-1 and Federal Rule of Civil Procedure 26(f) require that the parties must discuss the following topics at the conference of the parties:
- The nature and basis of the claims and defenses in the case;
- Any possibilities for settling or resolving the case;
- Issues related to preserving discoverable information;
- A Joint 26(f) Report;
- A proposed trial date and estimate of length of trial;
- The likelihood of joining additional defendants or plaintiffs to the case; and
- A date and time for the exchange of initial disclosures required by Rule 26(a)(1).
Rule 26(f) of the Federal Rules of Civil Procedure states that,
“Rule 26(f) Conference of the Parties; Planning for Discovery.
(1) Conference Timing. Except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable—and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
(2) Conference Content; Parties’ Responsibilities. In conferring, the parties must consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; make or arrange for the disclosures required by Rule 26(a)(1); discuss any issues about preserving discoverable information; and develop a proposed discovery plan. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan. The court may order the parties or attorneys to attend the conference in person.
(3) Discovery Plan. A discovery plan must state the parties’ views and proposals on:
(A) what changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement of when initial disclosures were made or will be made;
(B) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues;
(C) any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;
(D) any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after production—whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502;
(E) what changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed; and
(F) any other orders that the court should issue under Rule 26(c) or under Rule 16(b) and (c).”
Sample Joint rule 26(f) report in Word format for sale.
Attorneys or parties that would like to view a portion of a sample Joint Rule 26(f) report in Microsoft Word format sold by the author can see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.