Rule 26(f) Conference and Discovery Plan

When the discovery plan conference is used

Timing: early in the case, before the scheduling order. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• The parties must confer as soon as practicable — and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b) (Rule 26(f)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 26(f) online. Also, the federal judiciary publishes the current rules and recent amendments.

The discovery plan conference in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar discovery plan conference procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Initial Disclosures: information each party must share without being asked, such as people likely to have discoverable information and documents it may use.
• Scheduling Order and Pretrial Conferences: the court's order setting deadlines for joining parties, amending pleadings, completing discovery and filing motions, and the conferences that manage the case.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.