Federal Court Discovery and Disclosure Deadline Calculators

The opposing party has the right to ask questions to learn information. There are 5 methods of discovery under the Rules:

  • Depositions
  • Interrogatories (written discovery)
  • Requests for Production (written discovery)
  • Medical exams (if the Plaintiff claims an injury)
  • Requests for admissions (written discovery)

Federal Disclosures

Parties have an obligation to provide the opposing party with information whether they request it or not. This helps to encourage early settlement.

  • Initial disclosures – These include the disclosure of persons with information, relevant documents, a computation for damages requested, and information about insurance that will cover the litigation.
  • Expert witnesses – One must fully disclose information about expert witness, including the title of works authored by the expert and details about prior, relevant cases in which the expert testified.
  • Pretrial disclosures – 30 days before trial, both sides list every witness they will or may call, live/deposition testimony, and a list of exhibits they will or may introduce.

Federal Rule of Civil Procedure 26(b)(1) contains a general definition of discoverable information, followed by a more expansive definition which the court may allow.  The general definition is very broad and seems to cover almost anything (“relevant to claim/defense”), while the specific definition explains the type of items and people generally involved in discovery.

What are the limits on otherwise discoverable information?

  • There may be a limit to the number of requests that may be propounded.
  • Electronically stored information which is prohibitively expensive to access can sometimes be limited.
  • Requests must seek relevant information.
    • Relevant information is information that is both relevant and reasonably calculated to lead to the discovery of admissible evidence.
  • Requests cannot be unreasonably cumulative, duplicative, or the information can be found another way that is less burdensome or less expensive.
  • The party seeking information must use their time wisely and may be prohibited from further discovery if they have already had ample time to gather relevant information.
  • The burden of discovery cannot outweigh the benefit.

Deadline for Rule 26(f) Conference

Deadline for Rule 26(f) Conference in Federal Court
Except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable, and in any event at least 21 days before a scheduling conference is held or a scheduling order is due under Rule 16(b). Fed. R. Civ. P. 26(f).
Enter the date of the scheduling conference or the deadline for a Rule 16(b) scheduling order
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When is the Joint Discovery Plan Due?

The joint discovery plan is due fourteen (14) days after the Rule 26(f) conference. Fed. R. Civ. P. 26(f)(2).

Joint Discovery Plan Deadline in Federal Court
The joint discovery plan is due 14 days after the Rule 26(f) conference. Fed. R. Civ. P. 26(f)(2).
Enter the date of the Rule 26(f) conference
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Deadline for Rule 26(a)(1) Initial Disclosures

Rule 26(a)(1) initial disclosures are due fourteen (14) days after the Rule 26(f) conference. Fed. R. Civ. P. 26(a)(1)(C). For parties joined after the Rule 26(f) conference, initial disclosures are due thirty (30) days after joining. Fed. R. Civ. P. 26(a)(1)(D).

Rule 26(a)(1) Initial Disclosures
Due 14 days after the Rule 26(f) conference. Fed. R. Civ. P. 26(a)(1)(C).
Enter the date of the Rule 26(f) conference
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Rule 26(a)(1) Initial Disclosures for Parties Joined After the Rule 26(f) Conference
Due 30 days after the party is joined. Fed. R. Civ. P. 26(a)(1)(D).
Enter the date the party was joined
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Deadline to Respond to Discovery Requests

Responses to discovery requests are generally due thirty (30) days after the requests were served. (Interrogatories–Fed. R. Civ. P. 33(b)(2); Requests for Documents and Electronically Stored Information–Fed. R. Civ. P. 34(b)(2)(A); Requests for Admission–Fed. R. Civ. P. 36(a)(3).)

Federal Discovery Responses Deadline
Objections and responses to discovery requests are generally due 30 days after the requests were served. (Interrogatories – Fed. R. Civ. P. 33(b)(2); Requests for Documents/ESI – Fed. R. Civ. P. 34(b)(2)(A); Requests for Admission – Fed. R. Civ. P. 36(a)(3).)
Enter the date the requests were served
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Deadline for Expert Witness Disclosures

The Federal Rules of Civil Procedure contain certain restrictions regarding a party’s right to obtain discovery from the other party’s expert witnesses. Under Rule 26(a) (2), parties must disclose the identities of their testifying experts, along with a report containing additional information such as their qualifications, opinions, and the bases for those opinions, at least ninety (90) days before trial. Fed. R. Civ. P. 26(a)(2)(D)(i).

Federal Expert Disclosures Deadline
Under Rule 26(a)(2), parties must disclose testifying experts (and required reports) at least 90 days before trial. Fed. R. Civ. P. 26(a)(2)(D)(i).
Enter the trial date
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Deadline for Rebuttal Expert Witness Disclosures

Rebuttal expert witness disclosures are due thirty (30) days after receiving the other parties’ expert witness disclosures. Fed. R. Civ. P. 26(a)(2)(D)(ii).

Deadline for Disclosure of Rebuttal Expert Testimony in Federal Court
Rebuttal expert witness disclosures are due 30 days after receiving the other parties’ expert witness disclosures. Fed. R. Civ. P. 26(a)(2)(D)(ii).
Enter the date you received the other party’s expert disclosures
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Due Date for Pretrial Disclosures

Pretrial disclosures are due thirty (30) days before trial. Fed. R. Civ. P. 26(a)(3)(B).

Deadline for Pretrial Disclosures in Federal Court
Pretrial disclosures are due 30 days before trial. Fed. R. Civ. P. 26(a)(3)(B).
Enter the trial date
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Deadline for Objections to the Use of Designated Deposition Testimony and Documents

Objections to the use of designated deposition testimony and documents are due fourteen (14) days after the designations were served. Fed. R. Civ. P. 26(a)(3)(B).

Deadline for Objections to the Use of Designated Deposition Testimony and Documents
Objections to the use of designated deposition testimony and documents are due 14 days after the designations were served. Fed. R. Civ. P. 26(a)(3)(B).
Enter the date the designations were served.
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