---
title: "Rule 26(f) report for a putative class action"
url: "https://ailawframework.com/precedents/class-actions-representative-proceedings/us-class-rule-26f-discovery-plan"
type: "precedent"
site: "AI Law Framework"
id: "a7-us-class-rule-26f-discovery-plan"
area_id: "A7"
kind: "court-document"
ai_level: "yellow"
version: 1
task_ids: ["A7-D20261018-4", "A7-T1-R2", "A7-T1-R3"]
law_stated_as_at: "2026-10-22"
---

# Rule 26(f) report for a putative class action

> Rule 26(f) discovery plan for a putative class action, including whether certification discovery and merits discovery should be phased, and how class-member data will be handled.

Canonical page: https://ailawframework.com/precedents/class-actions-representative-proceedings/us-class-rule-26f-discovery-plan  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Class Actions / Representative Proceedings](https://ailawframework.com/precedents/class-actions-representative-proceedings.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 4 authorities it cites, for United States.

## When to use it

Use after the parties have conferred under Rule 26(f) in a case pleaded as a class action. Do not file it before the conference. The certification decision is the court's, under Rule 23(c)(1).

## Used for these tasks

- [Prepare the respondent’s readiness note for the first case management hearing](https://ailawframework.com/practice/class-actions-representative-proceedings/prepare-the-respondent-s-readiness-note-for-the-first-case-management-he.md)
- [Draft the group or class definition from the claim theory](https://ailawframework.com/practice/class-actions-representative-proceedings/draft-the-group-or-class-definition-from-the-claim-theory.md)
- [Run a first-pass review of the large discovery set](https://ailawframework.com/practice/class-actions-representative-proceedings/run-a-first-pass-review-of-the-large-discovery-set.md)

## How AI may be used

AI may assemble the report from the conference notes and the complaint. The lawyer settles each side's position on phasing and on certification discovery.

**AI may:**

- Place the conference notes under the Rule 26(f)(3) headings and mark agreed versus disputed
- Quote the pleaded class definition into the report
- Flag a certification topic the notes do not address, such as the data that shows numerosity

**AI must not:**

- Must not state that a class will be certified or that a phase has been agreed if the notes do not say so
- Must not draft class notice under Rule 23(c)(2)(B) inside this report
- Must not sign or file the report

**The lawyer checks:**

- Phasing is stated as a proposal unless the notes record agreement
- The class definition matches the pleading
- Dates are checked against Rule 16(b)(2) and the judge's order

## Authorities

- [Fed. R. Civ. P. 26(f)(3)(A) to (F) (contents of the discovery plan, including phasing and ESI)](https://www.law.cornell.edu/rules/frcp/rule_26)
- [Fed. R. Civ. P. 23(a), (c)(1), (c)(2) and (g) (prerequisites, timing of certification, notice, appointment of class counsel)](https://www.law.cornell.edu/rules/frcp/rule_23)
- [Fed. R. Civ. P. 16(b)(3) (scheduling order must limit joinder, amendment, discovery and motions)](https://www.law.cornell.edu/rules/frcp/rule_16)
- [Fed. R. Evid. 502(d) and (e)](https://www.law.cornell.edu/rules/fre/rule_502)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/class-actions-representative-proceedings/us-class-rule-26f-discovery-plan and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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