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Topic: Discovery in Federal litigation

Created on: 11/03/23 12:02 PM

Replies: 3

KEVIN1


Joined: 11/08/13

Posts: 14

Discovery in Federal litigation
11/03/23 12:02 PM

Other than Discovery within the complaint.
It is my understanding that a 26(f) conference must be held before Initial Disclosures, As per FRCP Rule 26.
Is this not correct?
If this is so any input on a 62(f) conference would bu helpful for I have not attended a 62(f) coneference.
Thank you.
* Last updated by: KEVIN1 on 11/3/2023 @ 12:09 PM *

Kev

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JIMMY8


Joined: 06/15/23

Posts: 21

RE: Discovery in Federal litigation
11/15/23 12:12 PM

If you are asking whether, according to Federal Rule of Civil Procedure (FRCP) 26, a Rule 26(f) conference must be conducted prior to the execution of Initial Disclosures, you may want to consider the results of my research below.

Answer
FRCP Rule 26 seems to imply that a 26(f) conference is required before initial disclosures, but there are exceptions, such as when a different time is set by stipulation or court order, or when a party objects to initial disclosures altogether.

Analysis
The text of FRCP Rule 26 itself is the most authoritative source on this question. The rule states that initial disclosures must be made "at or within 14 days after the parties' Rule 26(f) conference," which implies that the conference is required before initial disclosures. However, the rule also provides exceptions, such as when a different time is set by stipulation or court order, or when a party objects to initial disclosures altogether.

Several cases discuss the requirement for a Rule 26(f) conference before discovery can commence, but they do not specifically address whether a 26(f) conference is required before initial disclosures. For example, in Manny Film LLC v. Doe Subscriber Assigned IP Address 50.166.88.98, the court discusses the "good cause" standard for permitting discovery prior to the conference, while in Reich Album Plunkett v. Wheat, Opperman Meeks, the court notes that "in the absence of a Rule 26(f) conference, there can be no Rule 30(b)(6) deposition." These cases suggest that a Rule 26(f) conference is a prerequisite for certain types of discovery, but they do not directly answer the question at hand.

The case of Nexa Mortg. v. Smart Mortg. Ctrs. comes closer to answering the question. The court discusses the timing of a Rule 26(f) conference and initial disclosures under Rule 26(a), but it does not state definitively whether a Rule 26(f) conference is required before initial disclosures. The court does note, however, that the Rule 26(f) conference triggers the timing for initial disclosures.

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JIMMY8


Joined: 06/15/23

Posts: 21

RE: Discovery in Federal litigation
11/15/23 12:13 PM

Overall, the authorities suggest that a Rule 26(f) conference is generally required before initial disclosures, but that there are exceptions to this rule. Further research may be necessary to determine whether any of these exceptions apply in a given case.

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ZACHARY10


Joined: 04/18/23

Posts: 1

RE: Discovery in Federal litigation
12/11/23 4:07 PM

I found an article that would be very helpful for everyone on this topic:https://www.advocatemagazine.com/article/2020-march/using-the-rule-26-conference-to-start-your-discovery

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