Also known as: FRCP 26(f) · Fed. R. Civ. P. 26(f) · 26(f) conference · discovery conference · pretrial discovery planning
Written by attorneys · grounded in primary & secondary sources — see below
A mandatory early conference between parties in federal civil litigation to discuss the claims and defenses, arrange for initial disclosures, and develop a proposed discovery plan.
Roland Rhodes sued Redline Automotive in federal court for breach of contract. The parties held their Rule 26(f) conference on March 1. Redline failed to serve its initial disclosures until March 20. The court ordered the disclosures produced immediately because the fourteen-day deadline had passed.
Raphael Rivera served Rule 34 requests on Raven Logistics after the parties' first Rule 26(f) conference. Raven Logistics responded in writing twenty-eight days later, objecting to several categories. The court found the response timely under the thirty-day period measured from the conference.
Select any source to read its text and confirm it supports the definition.
The rules require the conference as soon as practicable and in any event at least twenty-one days before a scheduling conference is held or a scheduling order is due. The conference triggers several disclosure and response deadlines.
Supporting sources
No. Initial disclosures are due at or within fourteen days after the conference, but other discovery such as Rule 34 requests may be delivered earlier only if more than twenty-one days have passed since service of the complaint and are deemed served at the conference.
Supporting sources
The objecting party must state the objection in the proposed discovery plan. The court then decides what disclosures, if any, must be made and sets the time for them.
Supporting sources
A party served or joined later must make initial disclosures within thirty days after being served or joined unless the court or stipulation sets a different time.
Supporting sources