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Here's what every lawyer should consider when creating a discovery plan: 1) Agree on timelines for your discovery plan. ... 2) Provide a list of custodians. ... 3) Lay out parameters for information disclosure. ... 4) Keep legal holds in mind. ... 5) Make sure preservation methods are forensically sound. ... 6) Define protective orders.
A litigation discovery plan provides the scope of discovery and a timeline for implementing the discovery to support legal theories, remedies and to counter defenses. Preparing a discovery plan. There is no right or wrong way to prepare a discovery plan.
Rule 26(f) requires federal litigants to confer early in a case, develop a discovery plan, and submit to the court a written report outlining the plan. Fed. R. Civ.
Discovery requests typically follow a common format that you can mirror. First, list instructions detailing the request for production. Be sure to mention Rule 34 and Rule 26(b), which outline the scope of the discovery request. It's also necessary to include a section with definitions.
The Joint 26(f) Report should contain the parties' views and proposals on: a. Changes to the timing, form, or even the requirement to exchange initial disclosures; b. Potential types of discovery each party will seek from the other side; c.