Also known as: FRCP 26(f) · Rule 26(f) · Fed. R. Civ. P. 26(f) · Rule 26(f) conference
Written by attorneys · grounded in primary & secondary sources — see below
A mandatory conference of the parties in federal civil actions at which counsel formulate a discovery plan and address related pretrial matters. The conference sets the timing for initial disclosures and certain discovery requests.
Francesca Fiore sued Frontier Capital in federal court for breach of contract. The parties held their Rule 26(f) conference on March 1. Frontier Capital then prepared its initial disclosures listing key witnesses and documents. Because the conference had occurred, Frontier Capital's disclosures became due within fourteen days unless the court ordered otherwise.
Fiona Foster served Rule 34 requests on Flagship Logistics more than twenty-one days after service of the complaint. The parties conducted their first Rule 26(f) conference on April 15. Flagship Logistics then had thirty days from that conference date to respond in writing to the requests.
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The rules require the conference as early as practicable and in any event at least twenty-one days before a scheduling conference or order. It serves as the central planning step for discovery.
Initial disclosures are due at or within fourteen days after the conference unless the court orders otherwise or a party objects during the conference that disclosures are inappropriate.
Requests delivered more than twenty-one days after service of the complaint are considered served at the first Rule 26(f) conference, so the thirty-day response period runs from that date.
Yes. The duty to supplement continues when a party learns that its earlier disclosure was incomplete, and the conference does not freeze disclosure obligations.