---
title: "First-pass review of documents for relevance in discovery"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/first-pass-document-review-for-relevance-in-discovery/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-B6-5-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# First-pass review of documents for relevance in discovery

> Against the claims and defenses the lawyer identifies, mark each document as possibly relevant, possibly not, or uncertain, and record the issue it may bear on.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/first-pass-document-review-for-relevance-in-discovery/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Against the claims and defenses the lawyer identifies, mark each document as possibly relevant, possibly not, or uncertain, and record the issue it may bear on. Do not produce a document, do not withhold one, and do not put the production set into a public tool. |
| What the lawyer must review | Federal Rule of Civil Procedure 26(b)(1) provides that, unless otherwise limited by court order, parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within that scope need not be admissible in evidence to be discoverable. The lawyer decides what is produced. ABA Model Rule 1.6(a) provides that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b). A public generative tool is not a place for a production set. |
| Written for | United States |
| Applies to | [First-pass document review for relevance in discovery](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/first-pass-document-review-for-relevance-in-discovery.md) |

## Checking plan

- What the AI does: Against the claims and defenses the lawyer identifies, mark each document as possibly relevant, possibly not, or uncertain, and record the issue it may bear on. Do not produce a document, do not withhold one, and do not put the production set into a public tool.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A mark of possible relevance is not a decision to produce. Privilege and trial-preparation claims are a separate pass under Rule 26(b)(5).
- Proportionality is for the lawyer. The tool does not drop a document because the set is large.

## Sources

- [Federal Rule of Civil Procedure 26(b)(1) (scope of discovery)](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Litigation hold notice (federal civil)](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-litigation-hold-notice.md) | Notice | Yellow | Notice to a client's custodians to keep documents and electronically stored information once federal litigation is reasonably anticipated, with a counsel log of the steps taken. |
| [ESI discovery protocol](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-esi-protocol.md) | Agreement | Yellow | Agreement on preservation, search, and the form of production of electronically stored information in a federal civil case, for use with the Rule 26(f) report or as its own stipulation. |
| [Federal Court Form 38: list of documents](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-38-list-of-documents.md) | Form | Yellow | Link to Federal Court Form 38, the list of documents under rule 20.17(1). |

Signed-in accounts can read the full text of each one.

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