Discovery Plan Development Quiz

Rule 26(f)(3): Discovery Plan Development

• Discovery Plan: Both parties must develop a discovery plan that outlines the timeline, scope, and procedures for discovery.

• Initial Disclosures: The plan should address any changes needed to the timing, form, or requirements for initial disclosures under Rule 26(a).

• Discovery Scope and Completion: Parties must define the specific subjects for discovery, establish deadlines for completing discovery, and consider whether discovery should be conducted in phases.

• Electronically Stored Information (ESI): The plan should address ESI issues like the form of production, preservation strategies, and the types of ESI subject to discovery.

• Privilege and Trial Preparation Materials: Parties must address claims of privilege, procedures for asserting these claims, and potential agreements under Federal Rule of Evidence 502.

• Discovery Limitations: The plan should outline any modifications to existing discovery limitations imposed by the rules or local rules, as well as any new limitations.

• Protective Orders: Parties should discuss any necessary protective orders under Rule 26(c) and scheduling orders under Rule 16(b) and (c).

Rule 34: Requests for Production of Documents

• Scope: Rule 34 allows a party to request production of any documents or ESI that is relevant to the case and within the scope of Rule 26(b).

• Content of Requests: Requests for production must:

  • Describe the specific items or categories of items to be inspected.
  • Specify a reasonable time, place, and manner for inspection and related actions.
  • May specify the desired form of production for ESI.

• Response Time: The responding party generally has 30 days to respond to a request for production.

• Objections: If a party objects to a request for production, they must state their objection with reasonable particularity.

Non-Party Discovery

• Control: Material is discoverable if it is in a party’s "possession, custody, or control." This includes information a party has the legal right to direct, including preservation, collection, and production.

• Subpoena for Non-Parties: Rule 45 allows for the issuance of subpoenas to compel non-parties to produce relevant ESI.

Hosted Information

• Definition: Information belonging to or directly involving a party but held by a non-party, often due to a contractual arrangement.

• Legal Hold: A written legal hold must be issued to the non-party hosting the information, outlining their duty to preserve the ESI.

• Communication: Follow-up communication with the non-party should be conducted through telephone conferences and meetings to ensure the non-party understands their preservation obligations and the structure of the data. Specific confirmation of preservation activities and the suspension of any auto-delete policies should be requested.

• Production: The manner of production should consider costs incurred by the non-party and the protection of their proprietary information.

Third Party Information

• Definition: Information that belongs solely to and relates only to a third party but is nevertheless potentially relevant to the case.

• Subpoena: Obtaining third-party information requires a subpoena issued under Rule 45.

• Non-Party Response: The non-party must assess the subpoena’s validity and respond. They may object to the subpoena or seek court relief.

• Negotiation: Obtaining third-party information typically involves negotiation and consideration for their burdens.

Test your knowledge on Rule 26(f)(3) regarding the development of a discovery plan. This quiz will cover essential topics such as initial disclosures, electronically stored information, privilege claims, and discovery limitations. See how well you understand the critical components required in litigation discovery planning.