How to Prepare Discovery Materials for Federal Court
Discovery is conducted after pleadings are sent. This facilitates the disclosure of evidence before trial.
- 1. Usually, the Court will set a date for a pre-trial conference with both parties and the magistrate judge assigned to the case.
- 2. At least three weeks or twenty-one (21) days before the pre-trial conference, the parties are to meet in order to formulate a discovery plan.
- a. At least one week before the pre-trial conference or two weeks or fourteen (14) days after the discovery meeting, the parties must submit a discovery plan, or Rule 26(f) Report to the Court.
- b. According to Fed. R. Civ. Pro. Rule 26(f)(3), the discovery plan shall include:
- i. what changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement of when initial disclosures were made or will be made;
- ii. the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues;
- iii. any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;
- iv. any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after production—whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502;
- v. what changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed; and
- vi. any other orders that the court should issue under Rule 26(c) or under Rule 16(b) and (c).
- 2. Initial disclosures are due at the same time as the discovery plan, or fourteen (14) days after the Rule 26(f) discovery meeting.
- a. According to Fed. R. Civ. Pro. Rule 26(a)(1) initial disclosures shall include:
- (i) the name and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;
- (ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;
- (iii) a computation of each category of damages claimed by the disclosing party—who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and
- (iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.
- a. According to Fed. R. Civ. Pro. Rule 26(a)(1) initial disclosures shall include:
- 3. Discovery requests can be used to gather information.
- a. Combined discovery requests consist of more than one types of discovery (i.e. interrogatives, requests for admission, request for production of documents, etc.)
- 4. Discovery responses are necessary when the opposing party sends a discovery request to us.
- i. Use this template, and fill out all the questions and answers accordingly based on the specific discovery request received.
- Only interrogatories require a verification page, and are signed under the penalty of perjury.
- The deadlines for Requests for Admission are the hardest deadlines! Missing this deadline means that all the Requests are admitted.
Revised: 03/30/18