Federal Rule 26(f) Conference and Initial Disclosure Deadlines

Federal Rule 26(f) Conference and Initial Disclosure Deadlines – FRCP 26 Quick Reference

Under Federal Rule of Civil Procedure 26(f), parties must hold a discovery planning conference at least 21 days before the court’s Rule 16(b) scheduling order deadline. Initial disclosures under Rule 26(a)(1) are due 14 days after the conference, and the joint discovery plan must also be submitted within 14 days. These deadlines trigger the entire federal discovery process, and failure to comply can result in sanctions.

Rule 26(f) Conference

ActionDeadlineRuleNotes
Meet and confer conferenceAt least 21 days before the scheduling order is due under Rule 16(b)FRCP 26(f)(1)Parties must discuss discovery plan, settlement, ESI, and preservation.
Written discovery plan14 days after Rule 26(f) conferenceFRCP 26(f)(2)Plan must be submitted to the court.

Initial Disclosures (FRCP 26(a)(1))

ActionDeadlineRuleNotes
Exchange of initial disclosures14 days after Rule 26(f) conferenceFRCP 26(a)(1)(C)Includes witness info, documents, damages computations, insurance agreements.
Extensions/modificationsBy stipulation or court orderFRCP 26(a)(1)(C)Local rules may alter timing (check judge’s standing orders).

Rule 16 Scheduling Order

ActionDeadlineRuleNotes
Court must issue scheduling orderThe earlier of 90 days after service of complaint on any defendant or 60 days after appearanceFRCP 16(b)(2)Rule 26(f) conference must occur ≥21 days before this deadline.

Deadline Data Bites:

  • The Rule 26(f) conference triggers the entire discovery timeline.
  • Failing to hold the conference or exchange disclosures can lead to sanctions under FRCP 37.
  • Many judges issue standing orders that accelerate or expand Rule 26 obligations — always check local rules.
  • No discovery may be served before the Rule 26(f) conference, unless allowed by rule or court order.
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