This form is an Ex Parte Application and Memorandum for Expedited Discovery usable in cases with claims regarding licensing, patents, or commercial trade secrets.
This form is an Ex Parte Application and Memorandum for Expedited Discovery usable in cases with claims regarding licensing, patents, or commercial trade secrets.
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FRCP Rule 26(f) Explained Rule 26(f) describes a conference of two parties (the plaintiff and defendant) to cooperate and set out a clear plan for the process of discovery. In terms of responsibility for arrangement, both parties are jointly responsible?and this remains true as the case progresses.
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.
Expedited Discovery: Two Standards As the Rules do not mandate a single standard for how courts shall exercise their authority to order expedited discovery, courts generally apply one of two standards: a preliminary-injunction-style analysis or a ?good cause? analysis.
(1) Scope in General. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.
Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.
Expedited discovery is an important tool in trade secret misappropriation and breach of restrictive covenant cases. A motion for expedited discovery allows you to exert pressure on the defendant at the outset of the litigation and may be essential to protect and obtain important documents.