Rule 26(f) Report and Discovery Plan
(Federal)

Summary

This template is a Rule 26(f) report and discovery plan that you may submit in a federal district court case after the parties' initial meet and confer. Fed. R. Civ. P. 26(f). It includes drafting notes and alternate and optional clauses. Note that some courts have their own templates for these submissions. Rule 26(f) requires federal litigants to confer early in a case, develop a discovery plan, and submit to the court a written report outlining the plan. Fed. R. Civ. P. 26(f). The conference generally occurs before discovery begins and aims to streamline the pretrial process and avoid discovery disputes. Rule 26(f) conferences are especially important in cases involving substantial electronic discovery. Meaningful collaboration can facilitate discovery and reduce the associated costs. Check local rules for any additional requirements. You must adequately prepare for the Rule 26(f) conference. Have a list of the discovery your client needs, and a realistic timetable for disclosures, discovery, expert discovery, and the remainder of the case. Try to anticipate discovery or timing disputes in advance, including any issues relating to electronically stored information, and have resolutions and tradeoffs to propose if disputes arise. A productive Rule 26(f) conference will save time and resources throughout the case. Many courts and judges have additions or changes to the Rule 26(f) report. It is imperative that counsel review local rules and any judge-specific orders regarding case management, preferably before the parties' conference, and certainly in advance of submitting the parties' Rule 26(f) discovery plan. Develop a conference strategy regarding, among other issues: • Privilege. Any issues about claims of privilege or work product, how claims will be made, and whether an order regarding waiver is appropriate. See Fed. R. Evid. 502. • Limitations. Any proposed changes to the discovery limitations (for example, number and length of depositions, number of interrogatories) imposed under federal rules or by local rule. • Other issues. Any other orders appropriate under Rule 26(c) or under Rule 16(b) and (c). For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For more on the discovery conference and the discovery plan, see Rule 26(f) Conference and Discovery Plan Requirements (Federal) and Rule 26(f) Conference and Discovery Plan Requirements Checklist (Federal).