Discovery
Scope and Framework
Rule 26(f) requires parties to confer and submit a plan addressing disclosure timing, discovery subjects and phasing, electronically stored information, privilege issues including any Rule 502(d) order, and proposed limitations.
It informs the scheduling order.
Alternative Names:
Rule 26(f) Plan, Joint Discovery Plan
Why it Matters?
The ESI and privilege provisions are where the plan does real work, since agreeing search methodology, production format, and a Rule 502(d) order at this stage prevents disputes that would otherwise consume months. Parties treating the plan as a scheduling formality forfeit that opportunity. Phasing is the other provision worth negotiating, because sequencing threshold issues first can resolve a case before full discovery cost is incurred.
Frequently Confused with
Related terms
Frequently asked questions
What should a discovery plan address substantively?
What is forfeited by treating it as a formality?
