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)

A party must make its initial disclosures prior to seeking discovery. requests for admission and scheduling of factual depositions): __________________________ §2.4. 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. document requests. any issues about claims of privilege or of protection as trial-preparation materials. _______ 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. . form. or requirement for disclosures under Rule 26(a). following their discovery conference. or by order of the Board. including the form or forms in which it should be produced. any issues about disclosure or discovery of electronically stored information. including a statement of when initial disclosures were made or will be made. absent modification of this requirement by a stipulation of the parties approved by the Board. and 1 The parties do not have to file a disclosure/discovery plan with the Board. or a motion granted by the Board. what changes should be made in the limitations on discovery imposed under these rules or by local rule. unless they are seeking leave by motion or stipulation to alter standard deadlines/obligations.120(a)(3) Initial disclosures . the subjects on which discovery may be needed. and what other limitations should be imposed. when discovery should be completed. and whether discovery should be conducted in phases or be limited to or focused on particular issues. Discovery Plan1 A discovery plan must state the parties’ views and proposals on: what changes should be made in the timing. _______ requests for admissions (unlimited) 5. 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).