Also known as: Rule 26(f) conferences · 26(f) conference · Rule 26(f) meet and confer
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A mandatory pretrial meeting that the parties must conduct to discuss the claims and defenses, arrange for disclosure or discovery of electronically stored information, and develop a proposed discovery plan for submission to the court.
Rosa Ruiz sues Reliance Insurance for breach of an insurance policy. The parties hold their Rule 26(f) conference on March 1. Reliance must serve its initial disclosures listing key witnesses and documents at or within fourteen days after that date unless the court orders otherwise or an objection is noted in the discovery plan.
Roberto Reyes serves Rule 34 requests on Rocky Mountain Mining more than twenty-one days after the complaint. The parties later hold their first Rule 26(f) conference on April 15. Rocky Mountain Mining must respond in writing within thirty days after that conference date unless the parties stipulate or the court orders a different time.
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A party must make initial disclosures at or within fourteen days after the Rule 26(f) conference unless a different time is set by stipulation or court order or a party objects during the conference that disclosures are not appropriate.
When a party delivers Rule 34 requests more than twenty-one days after service of the summons and complaint, the requests are considered served at the first Rule 26(f) conference and the responding party must answer within thirty days after that conference.
The parties must discuss the claims and defenses, preservation of electronically stored information, the form or forms for producing ESI, and any issues about disclosure or discovery of ESI, then submit a proposed discovery plan to the court.
Yes. A party may object during the conference that initial disclosures are not appropriate in the action and must state the objection in the proposed discovery plan. The court then determines what disclosures, if any, will be required and sets the time for them.