Discovery
Scope and Framework
Expedited discovery permits requests before the Rule 26(f) conference or on a shortened response schedule. Courts apply either a good cause standard or the preliminary injunction factors depending on the circuit.
It is commonly sought in trade secret and unfair competition cases.
Alternative Names:
Early Discovery, Accelerated Discovery
Why it Matters?
The application is almost always tied to preliminary injunction practice, where the moving party needs evidence before the hearing and the ordinary timeline would render the relief pointless. Defendants opposing should focus on the burden of responding under compression and on whether the requests are tailored to the injunction issues rather than serving as full merits discovery obtained early.
Frequently Confused with
Related terms
Frequently asked questions
When is expedited discovery sought?
What is the effective opposition?
