Federal Discovery Filing Checklist

Federal Discovery Filing Checklist

Court: United States District Court for the [________________________________]

Case Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Initial Disclosure Requirements (FRCP 26(a)(1))

Timing

☐ Rule 26(f) discovery planning conference held: [__/__/____]
☐ Initial disclosures due: 14 days after Rule 26(f) conference
☐ Calculated deadline: [__/__/____]

Required Initial Disclosures

☐ Witness Information:
☐ Name, address, and telephone number of each individual
☐ Likely to have discoverable information
☐ Subjects of information listed

☐ Document Disclosure:
☐ Copy OR description by category and location
☐ All documents party may use to support claims or defenses
☐ Documents in party's possession, custody, or control

☐ Damages Computation:
☐ Computation of each category of damages claimed
☐ Documents supporting computation made available

☐ Insurance Agreements:
☐ Copy of applicable insurance agreements
☐ Agreements covering judgment satisfaction

Disclosure Format

☐ Written disclosures prepared
☐ Signature block included
☐ Served on all parties

II. Rule 26(f) Conference and Discovery Plan

Pre-Conference Preparation

☐ Review pleadings and claims
☐ Identify anticipated discovery needs
☐ Identify ESI preservation issues
☐ Prepare proposed discovery schedule

Conference Requirements

☐ Conference held at least 21 days before scheduling conference
☐ All parties participated
☐ Topics discussed:
☐ Nature and basis of claims and defenses
☐ Possibility of settlement
☐ Initial disclosures
☐ Preservation of discoverable information
☐ Discovery plan development

Discovery Plan (Joint Report - FRCP 26(f)(3))

☐ Filed within 14 days after Rule 26(f) conference
☐ Discovery plan includes:
☐ Proposed changes to initial disclosure timing
☐ Subjects for discovery
☐ Discovery completion deadline
☐ ESI disclosure format
☐ Privilege/work-product claim procedures
☐ Limits on discovery (if different from FRCP)
☐ Proposed scheduling order provisions

III. Interrogatories (FRCP 33)

Limits and Requirements

☐ Maximum 25 interrogatories (including subparts) without leave
☐ Served on parties only (not non-parties)
☐ Response deadline: 30 days after service

Interrogatory Format

☐ Numbered sequentially
☐ Clear and concise questions
☐ No compound questions disguised as single interrogatories
☐ Definitions section (if needed)
☐ Instructions section

Response Requirements

☐ Answer each interrogatory separately
☐ Objections stated with specificity
☐ Signed under oath by party
☐ Attorney signature for objections
☐ Option to produce business records (FRCP 33(d))

Filing with Court

☐ Note: Interrogatories and responses generally NOT filed with court
☐ Only file if used in connection with motion
☐ Check local rules for exceptions

IV. Requests for Production (FRCP 34)

Requirements

☐ Describe items with reasonable particularity
☐ Specify reasonable time, place, and manner
☐ Response deadline: 30 days after service

Request Format

☐ Numbered requests
☐ Clear descriptions of documents/ESI sought
☐ Date ranges specified
☐ Custodians identified (if applicable)
☐ ESI format specified

Response Requirements

☐ Written response to each request
☐ State whether inspection permitted
☐ Objections stated with specificity
☐ Partial objections noted with production of non-objectionable portions
☐ Documents produced as kept OR organized by request category

Production Considerations

☐ Bates numbering applied
☐ Privilege log prepared for withheld documents
☐ Confidentiality designations (if protective order)
☐ ESI format confirmed

Filing with Court

☐ Note: Requests and responses generally NOT filed with court
☐ Only file if used in connection with motion

V. Requests for Admission (FRCP 36)

Requirements

☐ May relate to facts, application of law to fact, or genuineness of documents
☐ Response deadline: 30 days after service
☐ Failure to respond = deemed admitted

Request Format

☐ Numbered requests
☐ Each request addresses single matter
☐ Clear, unambiguous language
☐ Copy of documents attached for genuineness requests

Response Requirements

☐ Each request answered:
☐ Admit
☐ Deny
☐ State reasons for inability to admit/deny
☐ Object (with specificity)
☐ Cannot deny based on lack of information if reasonable inquiry not made
☐ Signed by attorney

Filing with Court

☐ Note: Generally NOT filed with court
☐ May file with summary judgment motion

VI. Depositions (FRCP 30, 31)

Oral Depositions (FRCP 30)

☐ Notice of deposition served
☐ Reasonable notice given (typically 14+ days)
☐ Notice includes:
☐ Time and place
☐ Deponent name or description
☐ Method of recording
☐ Document requests (if any) - FRCP 30(b)(2)

Corporate Depositions (FRCP 30(b)(6))

☐ Topics for testimony listed
☐ Reasonable specificity in topic descriptions
☐ Adequate time for corporate preparation

Deposition Limits

☐ Maximum 10 depositions per side (FRCP 30(a)(2)(A)(i))
☐ Maximum 7 hours per deposition (one day) (FRCP 30(d)(1))
☐ Leave of court needed to exceed limits

Subpoenas for Non-Parties (FRCP 45)

☐ Subpoena issued from court where deponent will testify
☐ Subpoena served on deponent
☐ Travel distance within 100-mile limit
☐ Witness fees and mileage tendered
☐ Notice to all parties before service

Deposition Transcript

☐ Court reporter arranged
☐ Transcript ordered
☐ Review period: 30 days for changes
☐ Errata sheet filed if corrections made

Filing with Court

☐ Depositions NOT filed unless used in proceeding
☐ Filed with motion for summary judgment (relevant portions)
☐ Filed with trial materials

VII. Expert Discovery (FRCP 26(a)(2))

Expert Disclosure Deadlines

☐ Plaintiff's expert disclosure deadline: [__/__/____]
☐ Defendant's expert disclosure deadline: [__/__/____]
☐ Rebuttal expert deadline: [__/__/____]

Expert Report Requirements (FRCP 26(a)(2)(B))

☐ Written report required for retained experts
☐ Report contains:
☐ Complete statement of opinions and basis
☐ Facts and data considered
☐ Exhibits to be used
☐ Expert's qualifications (CV)
☐ List of publications (last 10 years)
☐ Prior testimony (last 4 years)
☐ Compensation statement

Non-Retained Expert Disclosure (FRCP 26(a)(2)(C))

☐ Subject matter of expected testimony
☐ Summary of facts and opinions

Expert Depositions

☐ May not be taken until after expert report served
☐ Expert deposition scheduled: [__/__/____]

VIII. Privilege and Work Product

Privilege Log Requirements (FRCP 26(b)(5)(A))

☐ Privilege log prepared for withheld documents
☐ Log includes:
☐ Document description
☐ Date
☐ Author/sender
☐ Recipients
☐ Privilege claimed
☐ Basis for privilege

Clawback Provisions (FRCP 26(b)(5)(B))

☐ Clawback agreement in discovery plan
☐ Federal Rule of Evidence 502(d) order sought
☐ Procedure for inadvertent disclosure addressed

IX. Discovery Motions

Motion to Compel (FRCP 37(a))

☐ Meet and confer completed: [__/__/____]
☐ Meet and confer certification included
☐ Discovery at issue specifically identified
☐ Deficient responses quoted
☐ Good cause shown
☐ Proposed order attached

Motion for Protective Order (FRCP 26(c))

☐ Good cause shown
☐ Specific protection sought
☐ Meet and confer certification
☐ Proposed protective order attached

Sanctions (FRCP 37(b)-(d))

☐ Motion identifies sanctionable conduct
☐ Prior court order violated (if 37(b))
☐ Specific sanctions requested

X. Electronically Stored Information (ESI)

ESI Considerations

☐ Preservation obligations discussed
☐ Litigation hold in place
☐ ESI sources identified
☐ Search terms agreed upon
☐ Production format agreed upon:
☐ Native format
☐ TIFF/PDF with load files
☐ Other: [________________________________]

ESI Protocol

☐ Metadata preservation requirements
☐ De-duplication approach
☐ Privilege filter process
☐ Technology-assisted review (TAR) provisions

XI. Protective Orders

Confidentiality Protective Order

☐ Parties agreed to protective order
☐ Or motion for protective order filed
☐ Proposed order submitted
☐ Confidentiality designations defined
☐ Challenge procedure included
☐ Return/destruction provisions included

XII. Discovery Deadlines Summary

XIII. Document Tracking Log

Sources and References

• Federal Rules of Civil Procedure Rules 26-37: https://www.law.cornell.edu/rules/frcp
• Federal Rules of Civil Procedure Rule 45: https://www.law.cornell.edu/rules/frcp/rule_45
• Federal Judicial Center Discovery Resources: https://www.fjc.gov

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]