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Affirmatively Litigating: How the Federal Rules of Civil Procedure Require Early Case Planning

The Rule 26(f) Conference

By Greg Bass

Federal Rule of Civil Procedure 26(f) requires counsel, early in the course of federal litigation, to “confer” regarding case planning and discovery. They must consider settlement possibilities and submit to the court a written discovery plan that states areas of agreement and issues in dispute. In general, discovery may not proceed until the Rule 26(f) conference is held. This requirement can help in organizing litigation and reveal important information about opposing counsel’s theories of the case.

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