---
title: "Check a draft discovery plan for the Rule 26(f) report"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-draft-joint-position-paper-for-the-first-case-management-hearing/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-LA20261022-12-US"
practice_area: "Class Actions / Representative Proceedings"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a draft discovery plan for the Rule 26(f) report

> 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,…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-draft-joint-position-paper-for-the-first-case-management-hearing/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check a draft joint position paper for the first case management hearing](https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-draft-joint-position-paper-for-the-first-case-management-hearing.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The report states the parties' views. The court issues the scheduling order. The tool does not write either side's position.
- The page opened for Rule 26 records an amendment of 23 April 2025, effective 1 December 2025, directing the discovery plan to address compliance with Rule 26(b)(5)(A). Confirm the text in force in that district.
- A state case does not use Rule 26(f) unless that state's rule adopts it.

## Sources

- [Federal Rule of Civil Procedure 26, Duty to Disclose; General Provisions Governing Discovery](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 16, Pretrial Conferences; Scheduling; Management](https://www.law.cornell.edu/rules/frcp/rule_16) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*