3.3 The Rule 26(f) Report (the "discovery Plan")

• Library: Federal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

3.3 THE RULE 26(f) REPORT (THE "DISCOVERY PLAN")

3.301 Federal Rule.

The 2015 amendments to the Federal Rules of Civil Procedure effective December 1, 2015 abrogated Fed. R. Civ. P. 84 and the Appendix of Forms.

Former Form 52 provided a format for parties to use in reporting the results of their Fed. R. Civ. P. 26(f) discovery conference and can still serve as a useful outline for conducting the conference or submitting a discovery plan. The form identified (i) those who participated in the conference, when it was held, and by what means; (ii) the status of initial disclosures; (iii) the parties' discovery plan; and (iv) other items such as scheduling. Under former Form 52, the discovery plan provided for the following:

Form 52. Report of the Parties' Planning Meeting.

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3. Discovery Plan. The parties propose this discovery plan:

(Use separate paragraphs or subparagraphs if the parties disagree.)

(a) Discovery will be needed on these subjects: ( describe)

(b) Disclosure or discovery of electronically stored information should be handled as follows: ( briefly describe the parties' proposals,

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