Civil Procedure I

Timeline of Discovery and Initial Disclosures

Initial Order

Early in the case, the court will typically issue an initial order. Among other things, this will include the date of a scheduling conference.

Meet and Confer

At least 21 days before the date of the scheduling conference with the court, the parties must "meet and confer" together to work towards agreeing upon a joint discovery schedule and preparing a joint proposed discovery plan. Rule 26(f)(1).

Initial Disclosures

Within 14 days after the “meet and confer,” the parties must exchange initial disclosures unless:

  1. The parties stipulate to a different date
  2. The Court directs a different date
  3. One of the parties objects that the initial disclosures are not appropriate and states the objections in the joint discovery plan.

Rule 26(a)(1)(C).

Discovery Plan

Also within 14 days after the "meet and confer," the parties must file a joint proposed discovery plan for the court to consider before issuing its scheduling order. Rule 26(f)(1) & 2.

Scheduling Conference

The court holds a scheduling conference to consider the parties' proposed discovery plan and hear any differences or disputes within 60 days after the defendant appears and within 90 days after the complaint is served. Rule 16(b).

Scheduling Order

After the scheduling conference, the court issues a discovery "scheduling order." Rule 16(b).