Rule 26(f) Conference

What It Is

Under Federal Rule 26(f), the parties must confer — usually by phone or in person — at least 21 days before the scheduling conference with the judge. This is where you and opposing counsel discuss:

• The claims and defenses
• Possibilities for settlement
• A discovery plan (what discovery is needed, deadlines, limits)
• Any issues about preserving evidence
• Whether protective orders are needed

Why It Matters

The Rule 26(f) conference sets the discovery framework for your entire case. The positions you take here shape the scheduling order the judge enters. If you don’t push for the discovery you need at this stage, you may not get it later.

Pro Se Tips

• Prepare your discovery needs in advance — Know what documents, depositions, and interrogatories you’ll need
• Propose specific deadlines — Don’t leave it to the defense to set the pace
• Raise preservation issues — If you’re concerned about evidence destruction, raise it here
• Document the conference — Send a follow-up email confirming what was discussed and agreed upon
• Don’t agree to short deadlines — The defense will try to compress the timeline. You need time to conduct discovery, especially without a legal team.

The Discovery Plan

After the conference, the parties must submit a written discovery plan to the court (usually as a joint report). The plan typically covers:

• Subjects for discovery
• Timeline and cutoff dates
• Limits on interrogatories, depositions, and RFPs
• ESI protocols (format, search terms, custodians)
• Privilege log procedures

Key Rules

• Rule 26(f) — Conference of the parties; planning for discovery
• Rule 16 — Pretrial conferences; scheduling
• Rule 26(a) — Required initial disclosures (due within 14 days after the 26(f) conference)