FORM
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
: CIVIL ACTION
:
v. :
: NO.
REPORT OF RULE 26(f) MEETING
In accordance with Federal Rule of Civil Procedure 26(f), counsel for the parties
conferred on (date) and submit the following report of their meeting for the court=s
consideration:
1. Discussion of Claims, Defenses and Relevant Issues
You should assume that the court has read the complaint and is familiar with the
claims. However, the facts supporting those claims and defenses are unknown.
Therefore, counsel shall set forth concisely the factual background that the parties
contend support their claims and defenses.
Summarize your discussion of primary issues, threshold issues and those
issues on which the parties will need to conduct discovery. Identify what information
each party needs in discovery as well as when and why. Also indicate likely motions
and their timing.
2. Informal Disclosures
State the parties= agreement on timing, form and scope of informal disclosures.
Specifically identify not only the information listed in Rule 26(a)(1), but any additional
information the parties agree to disclose informally.
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Keep in mind that self-executing discovery must not be delayed until the pretrial
conference. If the parties have not made the Rule 26(a) initial disclosures within the
time required by the Court=s Order scheduling the pretrial conference, they should
explain why not.
3. Formal Discovery
Indicate nature, sequence and timing of formal discovery, as well as any need to
conduct discovery in phases to prepare for the filing of motions or for settlement
discussions. Specifically delineate what discovery will be conducted formally.
The discovery deadline should normally be no more than 120 - 150 days from the
date of the Rule 16 pretrial conference. If the parties believe there are compelling
reasons for a longer period of discovery, state them.
The parties are required to address procedures to preserve electronically stored
information, to avoid inadvertent privilege waivers, and to determine the form in which
electronic information will be produced. The cost of producing the information must be
discussed.
4. Electronic Discovery
It is expected that the parties will reach an agreement on how to conduct
electronic discovery. In the event the parties cannot reach such an agreement before
the Rule 16 scheduling conference, the court will enter an order incorporating default
standards. The default order can be viewed at www.paed.uscourts.gov.
The parties shall discuss the parameters of their anticipated e-discovery at the
Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16
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scheduling conference with the court.
5. Expert Witness Disclosures
Indicate agreement on timing and sequence of disclosure of the identity and
anticipated testimony of expert witnesses, including whether depositions of experts will
be needed.
The parties should expect that the court requires expert reports to be exchanged
simultaneously. If there are compelling reasons to stagger the production of expert
reports, state them.
6. Early Settlement or Resolution
The parties must familiarize themselves with Local Rule 53.3 before responding.
Recite the parties= discussion about early resolution through ADR, motion or otherwise
explain what steps were taken by counsel to advise the client of alternative dispute
resolution options. Explain any decision not to seek early resolution and what mediation
options the parties may consider and when mediation would be appropriate.
7. Trial date
If a date certain is requested, state the reasons. Generally, if requested, a firm
trial date will be scheduled.
8. Other Matters
Indicate discussion and any agreement on matters not addressed above.
___________________________________
(Attorney Signature)
___________________________________
(Attorney Signature)
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