Federal Rule 26(f) requires parties to confer before the scheduling conference to discuss claims and defenses, settlement possibilities, initial disclosures, and a discovery plan. The plan must address preservation and the form of ESI production.
The parties submit a written report to the court.
Alternative Names:
Meet and Confer Conference, Discovery Planning Conference
Why it Matters?
Decisions made or deferred at this conference shape the entire discovery budget. Agreeing production format, search methodology, and privilege log format here avoids the disputes that otherwise arise after collection when positions have hardened. It is also the natural point to seek a Rule 502(d) order, which is easier to obtain by agreement than after an inadvertent production has occurred.
Frequently Confused with
Related terms
Frequently asked questions
What ESI topics must the conference address?
Why raise a 502(d) order at this stage?
