Check a draft discovery plan for the Rule 26(f) report
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the draft with Rule 26(f)(2) and (f)(3). Mark whether it addresses the nature and basis of the claims and defenses, settlement, the timing of initial disclosures, preservation of discoverable information, changes to disclosures, the subjects and timing and any phasing of discovery, electronically stored information, privilege and trial-preparation claims including compliance with Rule 26(b)(5)(A), proposed limits on discovery, and other orders under Rule 26(c) or Rule 16(b) and (c). Do not write the parties' positions.
- What the lawyer must review
- You settle each position and you join in submitting the report. The parties must confer as soon as practicable, and at least 21 days before a scheduling conference or before a scheduling order is due, unless the case is exempt or the court orders otherwise. They must consider settlement, arrange the initial disclosures, discuss preservation, and develop a proposed discovery plan. The attorneys of record are jointly responsible for arranging the conference, attempting in good faith to agree, and submitting a written report outlining the plan within 14 days after the conference. A local rule on an expedited schedule may shorten those times or allow an oral report. The plan must state the parties' views on each item in Rule 26(f)(3), including, after the 2025 amendment reflected on the rule page, how the parties will comply with Rule 26(b)(5)(A). Formal Opinion 512 requires you to review generated positions before the report is submitted. Do not put client documents into a public tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.