---
title: "Rule 26(f) discovery-plan report"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-rule-26f-discovery-plan"
type: "precedent"
site: "AI Law Framework"
id: "a5-us-rule-26f-discovery-plan"
area_id: "A5"
kind: "court-document"
ai_level: "yellow"
version: 1
task_ids: ["A5-T1-R4", "A5-B8-3", "A5-P20260916-1", "A5-B6-3"]
law_stated_as_at: "2026-10-22"
---

# Rule 26(f) discovery-plan report

> Joint report of the parties' Rule 26(f) conference for a United States district court, covering disclosures, phasing, ESI, privilege and the orders they will ask for under Rules 26(c) and 16(b).

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-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: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.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 6 authorities it cites, for United States.

## When to use it

Use after the parties have actually conferred under Rule 26(f), and before the report is due. Do not file it as a substitute for the conference. Check the district's local rule and the judge's order for an earlier deadline or a required form.

## Used for these tasks

- [Review the discovery set and draft a production issues list](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/review-the-discovery-set-and-draft-a-production-issues-list.md)
- [Summarise discovery for privilege review with technology-assisted review](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/summarise-discovery-for-privilege-review-with-technology-assisted-review.md)
- [Build an issue-to-document evidence table](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/build-an-issue-to-document-evidence-table.md)
- [Investigate AI tools for document collation as ordered by the court](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/investigate-ai-tools-for-document-collation-as-ordered-by-the-court.md)

## How AI may be used

AI may assemble the report from the conference notes and the pleadings. The lawyer settles every position that will be submitted to the court.

**AI may:**

- Turn the conference notes into the headings in Rule 26(f)(3), and mark each item agreed or disputed
- List initial-disclosure names and document categories the lawyer has already identified, with the source note
- Flag a heading the conference notes do not cover, including preservation, form of ESI, and privilege timing

**AI must not:**

- Must not invent a party position, a date, or an agreement that is not in the conference notes
- Must not sign, file, or serve the report
- Must not drop in a case citation the lawyer has not opened

**The lawyer checks:**

- Every disputed point is stated as a proposal, not as a joint position
- Dates fit Rule 16(b)(2) and any shorter local deadline the lawyer has checked
- Initial disclosures stated in the report match what the client can actually serve

## Authorities

- [Fed. R. Civ. P. 26(f) (conference timing and content; discovery plan items (A) to (F); 14-day report)](https://www.law.cornell.edu/rules/frcp/rule_26)
- [Fed. R. Civ. P. 26(a)(1), 26(d) and 26(g) (initial disclosures, no discovery before the conference, signature certificate)](https://www.law.cornell.edu/rules/frcp/rule_26)
- [Fed. R. Civ. P. 16(b) (scheduling order timing and contents, including ESI and privilege agreements)](https://www.law.cornell.edu/rules/frcp/rule_16)
- [Fed. R. Civ. P. 37(f) (failure to participate in good faith in a discovery plan)](https://www.law.cornell.edu/rules/frcp/rule_37)
- [Fed. R. Evid. 502(d) and (e) (court order on waiver contrasted with a party agreement)](https://www.law.cornell.edu/rules/fre/rule_502)
- [Northern District of California, E-Discovery (ESI) Guidelines page (court-approved guidelines; standing-order quote on the joint case-management statement)](https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/e-discovery-esi-guidelines-model-stipulated-orders)

## 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/commercial-litigation-and-dispute-resolution/us-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.*