Also known as: discovery plans · discovery schedule
Written by attorneys · grounded in primary & secondary sources — see below
A written proposal developed by the parties during their Rule 26(f) conference that outlines the timing, scope, and methods of discovery in a civil action. The plan addresses initial disclosures, subjects for discovery, completion deadlines, and any phased or limited approaches.
Destiny Davis sued Decker Electronics in federal court for breach of a supply contract. At the Rule 26(f) conference the company objected that initial disclosures were inappropriate because of an ongoing regulatory review and included the objection in the proposed discovery plan. The court evaluated the objection and set a disclosure deadline of twenty-one days after the conference.
Damian Decker and Duarte Shipping conferred after the complaint and answer were filed. Counsel discussed the claims, arranged initial disclosures, addressed preservation of electronic records, and jointly drafted a proposed discovery plan that they submitted to the court within fourteen days.
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Danielle Dixon and Dillon Energy submitted their discovery plan after the Rule 26(f) conference. The plan stated the parties' proposals on the timing of initial disclosures, the subjects for phased discovery, and a completion date six months later.
Darius Dixon refused to attend the Rule 26(f) conference or contribute to the discovery plan in a contract dispute with Dixon Foods. The court imposed sanctions covering the expenses caused by his nonparticipation.
Deborah Dunn and a federal agency conferred on a discovery plan that sequenced document production to avoid operational disruption. The court incorporated the plan into the scheduling order after the parties reported orally at the Rule 16(b) conference.
Parties must confer as soon as practicable and at least twenty-one days before a scheduling conference to develop a proposed discovery plan. They must submit a written report outlining the plan to the court within fourteen days after the conference unless the court orders otherwise.
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The objecting party must state the objection during the Rule 26(f) conference and include it in the proposed discovery plan. The court then determines what disclosures, if any, are required and sets the time for them.
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A discovery plan must state the parties' views on changes to disclosure timing or form, the subjects on which discovery is needed, when discovery should be completed, whether it should proceed in phases, and any limits on discovery.
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No. Attorneys and unrepresented parties are jointly responsible for arranging the conference and attempting in good faith to agree on the plan. Failure to participate can result in sanctions covering expenses caused by the nonparticipation.
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…Civ. Proc. 30(g); award expenses when a party fails to respond to discovery requests or fails to participate in the framing of a discovery plan, Fed. Rules Civ. Proc. 37(d) and (g); dismiss an action or claim of a party that fails to prosecute, to comply with the Federal Rules, or to obey an order of the court, Fed. Rule Civ. Proc.…