List the electronic-information points a federal discovery plan must state

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List the matters a Rule 26(f) discovery plan must state the parties' views on, and mark the electronic-information items for the lawyer: changes to disclosures; subjects, timing, and phasing of discovery; issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms of production; privilege and trial-preparation claims, including any agreement to be put in an order under Evidence Rule 502; changes to discovery limits; and any other orders under Rule 26(c) or Rule 16(b) and (c). Record that a party need not provide electronically stored information from sources it identifies as not reasonably accessible because of undue burden or cost, unless the court orders discovery for good cause. Do not agree the plan. Do not draft the report.

What the lawyer must review

The lawyer agrees the plan. Rule 26(f)(2) requires the parties to confer, discuss preservation, and develop a proposed discovery plan, and to submit a written report within 14 days after the conference unless a local rule changes that timing. Rule 26(f)(3)(C) specifically requires views on electronically stored information, including the form or forms of production. Rule 26(b)(2)(B) addresses sources that are not reasonably accessible. The form that is produced still has to be met with evidence sufficient to support a finding that the item is what the proponent claims, under Rule 901(a). Rule 502 was not opened, so no privilege-order terms are supplied. The 14 days and the 21-day conference timing are not counted out to a calendar date. The tool does not draft the report.

Written for / version

United States versionUS