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Discovery Conference Checklist

Mark:
Proceeding No.:

Deadlines:
 Discovery Conference must be conduct by
 Discovery opens
In conferring, the parties must consider the following:

the nature of and basis for their respective claims and defenses;

the possibility of settling the case or at least narrowing the scope of the claims or
defenses;

whether the parties wish to seek mediation, arbitration or some other means for resolving
the dispute; and

arrangements relating to disclosures, discovery and introduction of evidence at trial,


should the parties not agree to settle the case – also discuss whether the Board’s
Accelerated Case Resolution (ACR) process may be a more efficient and economical
means of trying the involved claims and defenses.

If the parties chose to proceed with the disclosure, discovery and trial procedures that govern the
case, then the parties must discuss:

whether to alter or amend the Standard Protective Order;

limitations on disclosures or discovery (see below);

willingness to enter into stipulations of fact; and

willingness to enter into stipulations regarding more efficient options for


introducing at trial information or material obtained through disclosures or
discovery.

Discovery Limitations:

1. _______ interrogatories (75 limit)

2. _______ document requests (unlimited)

3. _______ factual depositions (10)


4. _______ requests for admissions (unlimited)

5. _______ other (specify _________________)

Changes to Discovery Schedule/Deadlines:

Current Deadline: Discovery closes

Proposed deadline for completion of non-expert discovery (including service and response to
interrogatories, document requests, requests for admission and scheduling of factual
depositions):

__________________________

§2.120(a)(3) Initial disclosures - A party must make its initial disclosures prior to seeking
discovery, absent modification of this requirement by a stipulation of the parties approved
by the Board, or a motion granted by the Board, or by order of the Board.

Discovery Plan1

A discovery plan must state the parties’ views and proposals on:

what changes should be made in the timing, form, or requirement for disclosures under
Rule 26(a), including a statement of when initial disclosures were made or will be made;

the subjects on which discovery may be needed, when discovery should be completed,
and whether discovery should be conducted in phases or be limited to or focused on
particular issues;

any issues about disclosure or discovery of electronically stored information, including


the form or forms in which it should be produced;

any issues about claims of privilege or of protection as trial-preparation materials,


including — if the parties agree on a procedure to assert these claims after production —
whether to ask the court to include their agreement in an order;

what changes should be made in the limitations on discovery imposed under these rules
or by local rule, and what other limitations should be imposed; and
1
The parties do not have to file a disclosure/discovery plan with the Board, following their discovery conference,
unless they are seeking leave by motion or stipulation to alter standard deadlines/obligations, or unless they were
directed to make a particular filing by a participating Board professional.
any other orders that the court should issue under Rule 26(c) or under Rule 16(b) and (c).