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hello this is Professor Nathanson this.is our fourth video on discovery and.disclosure in this video we're going to.talk about two major things the first is.the timing and ordering of discovery.that's under Rule 26 D we're always.going to talk about the mandatory.conference under Rule 26 F its purposes.and the way it ties together with rule.16 all right let's start off with the.study questions as a general matter when.may discovery begin seaworld 2061 for.start all right let's start down there.rule 20 61 normally a party may not seek.discovery from any source before the.parties confer under Rule 26 now we'll.talk about in a minute but the rule 26 F.conference is a mandatory conference.between the parties where they try to.hash things out regarding a whole bunch.of things including discovery and after.that they'll submit a proposed discovery.plan to the court and after that the.court can issue its scheduling order or.have a scheduling conference okay and.the normal rule is that there's not.going to be any discovery at all from.any source and that would include.parties and that would include third.party witnesses okay so no discovery.before the parties confer under Rule 26.there's of course exceptions to that.just like there are under many the rules.except in proceeding to exempt it from.initial disclosure under Rule 26 a 1 B.will talk about disclosures later more.when authorized by the rules or by.stipulation or by court order and a.court order of course that's the court.saying what can and can't be done and.stipulation of course is going to be by.the parties so unsurprisingly the.parties can opt out of the main rule and.they can self order the timing now.there's something interesting in rule 26.D 2 which talks about early rule 34.requests ok early foot rule 34 requests.now rule 34 we're going to talk about is.production that's going to be production.of documents things examination of.property or places okay we'll talk about.that later.under the rules you can do an early rule.34 request even before the.26 conference you can do it anytime 21.days after the summons a complaint or.served on a party and then a request may.be delivered to that party by another.party okay say to a defendant by another.defendant or by a plaintiff and by that.party the defending party to be served.to any plaintiff or to any other party.that's been served okay.now what's interesting about this is the.rule uses the word delivered here and.down here talks about when that delivery.of the request is considered to be.served the request that's delivered.early is considered to have been served.at the first rule 26 F conference so why.the distinction between delivery and.service well delivery just means when.you can send the request that rule 34.requests to another party and we can do.it early even before the rule 26 F.conference however it's not considered.to have been officially served until.that conference takes place and the.reason for that will become apparent.later on under rule 34 it says that.there's no obligation to respond to a.rule 34 production request until 30.until 30 days after that request has.been served so the distinction between.delivery and service ties in to how long.the recipient of that production request.has to respond to the production request.and that's gonna be measured 30 days.after service which for an early request.is considered not the time of delivery.but rather the time of the rule 26 F.conference okay one reason for this rule.is to allow people to make the requests.early but they don't have to be.responded to until later on right until.30 days after the 26 F conference and.that also gives people things to talk.about the rule 26 F conference and maybe.hash out some other differences and.ideas regarding discovery now the next.thing you want to think about is is the.sequence of discovery okay and again.unless there's a stipulation and greem.up by the parties or a court order.otherwise okay for convenience and.justice for the parties and witnesses.you can use methods of discovery in any.sequence and the fact that one party.discovers in one order does not require.another party to delay its discovery.okay so you can choose the order of.discovery that you take lots of lawyers.have different ways of doing things in.fact even the same lawyer might do.discovery in one case differently from.another case there's a real helpful.little the blur in your case book where.Glandon talks about some of the methods.that might be used for discovery I tend.to agree with much of it interrogatories.are questions that are sent in writing.from one party to another party since.the questions and answers are drafted by.lawyers it's not a real good way of.getting open-ended information but.interrogatories are nonetheless really.good to locate and identify evidence and.the name of witnesses all right and then.oftentimes lawyers will then follow up.with document production requests to get.the underlying documents right and then.armed with that evidence and then use.depositions to collect information from.the various witnesses okay and leaving.the key witnesses for last because you.want to get everything you can from the.kind of ancillary and in tertiary.witnesses and then you know talk to the.to the biggies at the end and it's not a.be all end all I mean many lawyers have.different ways of doing it things and.there's other sorts of really really.useful things we'll talk about such as.doing requests for admissions and expert.witnesses and things are called.contention interrogatories and we'll.talk about that more later when we get.into more detail and into the discovery.devices now you'll see that I've already.gone ahead and answered more of these.questions particular order we've seen.this so now let's move on to the.remaining questions which are about rule.26 the rule 26 F conference all right.what must be discussed at the rule 26 F.conference let's talk about that first.what has to be discussed at that.conference okay and when we look at what.has to be discussed then we'll.understand what the purpose of the.conference is and the.and all of that so here are things that.that have to be discussed the parties.must consider faces their claims.defenses possibilities for settlement or.resolution arrange for disclosures.disclosures are information that must.must be given without even being asked.ok.discuss issues for preserving.information and a proposed discovery.plan ok these are things that that must.be discussed and later on they have to.come up with a discovery plan again a.must not am a state the parties views.and proposals on a whole laundry list of.issues right which concludes things.timing form or requirement of.disclosures right subjects on which.discovery should be needed timing when.it should be completed should be phases.should be limited in some way or focused.on particular issues plans about.electronically stored information ok.those would be computer files hard.drives things from cell phones backup.tapes and alike alright and those can.present lots of difficult challenges for.discovery because of the voluminous.nature of the information because.sometimes information is is preserved in.formats they're difficult to review.because the technology in which they.were encoded may no longer exist or be.easily accessible there may be problems.because information is on a computer.that's still currently in use the normal.use of that computer will lead to.overriding or change or even deleting of.information so ESI is is a challenge a.major challenge in in modern litigation.here's another one claims about.privilege or protection that we've.already talked about privilege and word.product right so you know if there's any.special issues regarding that sometimes.people will come forth with some sort of.proposed protective order for dealing.with confidential information for the.judge to sign off on alright any other.changes about limitations and discovery.and any other orders so as you can see.this this meaning.all right in the conference the goal of.the parties is to partially to get them.to maybe settle or resolved hash out.discovery and disclosure issues come up.with this plan right and that plans.gonna be sent to the court all right now.let's look at the timing of this and how.this ties in together with rule 16 all.right the rule says that the parties.have to try to good faith to agree on.the discovery plan and they got to.submit a court within 14 eight days.after conference the written report.outlining the plan okay so so it's kind.of like this and there's this wonderful.little chart in the book okay you've got.to have the 26 F conference and then 14.days after that there's got to be a.proposed discovery plan and that's.submitted to the court and then after.that the court will then other have it.scheduling conference and it's or a.scheduling order and as you'll recall we.recently talked about rule 16 the court.may order one or more pretrial.conferences however it must issue a.scheduling order that addresses the.parties report under rule 26 F so now.that you've read 16 and 26 F you can see.how they tie together so basically again.after the court after there's that meet.and confer under 26 F and the discovery.plan has been submitted under 26 F okay.then the party can have a scheduling.conference or scheduling order and and.in that order it's going to address.things like you know this all this stuff.here kind of parallels the stuff we.looked at down here the things that have.to be addressed in the discovery plan.right so the courts gonna have to look.at timing of there we go.timing of disclosures extent of.discovery dealing with electronic stored.information or ESI okay any agreements.the party reach for claims of privilege.of protection right other stuff.dates for pretrial conferences.appropriate matters etc etc so you know.the idea here is that you know there's.not going to be passive monitoring of.the case everybody the lawyers and the.26f conference and the 26f discovery.plan and the court itself in the 16b.scheduling conference or order this will.be active management of the case with a.very heavy pressure on the the parties.as well as the lawyers to try to come to.agreement on things know you know people.who want to go to law school often say.oh you know I'm I'm gonna go law school.I'm really good at arguing people have.always told me I'm really good at.arguing that that's one of the most.wrong headed things I've ever heard.anybody say good lawyers don't argue.good lawyers communicate and they're.persuade and they educate so you really.want to be a good lawyer and and.zealously advocate for your client you.got to learn how to communicate and.educate whether that's your client who's.being obstinate and unrealistic.whether it's opposing party who you're.trying to hash out a discovery plan and.you have to negotiate and maybe even.compromise.and the court itself right so you know.keep these things in mind because you.don't want to be those lawyers who were.you'll recall from the initial video.those lawyers who were kind of spanked.by the court because the lawyers.couldn't get along they couldn't figure.out the location for a deposition.the court said I you you stupid lawyers.go ahead and resolve this by a game of.rock-paper-scissors on the courthouse.steps you know that's just kind of.embarrassing all right let's see what.else.when must the Discovery Conference take.place okay again that's rule 26 F all.right that's got to be at least.twenty-one days before the scheduling.conference okay or the scheduling order.is due so again let's go up here alright.here's our meet and confer that's got to.be within 21 days of scheduling.conference and order and then the.discovery plan is due within 14 days.after the amine can first.the idea is then the judge should have.seven days to look at the discovery plan.and then to figure out what to do let's.see what else we've already done number.six haven't we.so last who must appear at the discovery.conference the rule addresses that as.well and it tells us right here the.attorneys of record and all.unrepresented parties that have appear.in the case are jointly responsible for.arranging the conference and the court.may order the parties or attorneys to.attend the conference in person okay.what's interesting about this is the.court can order the parties to attend.the conference so you think you know.normally the conference might be on the.phone between the lawyers but the court.can say no lawyers got to go to this in.person.and if the court decides that it would.expedite resolution of the case the.court can also order the parties to go.to the conference in person and of.course you know negotiation and.settlement Theory strongly suggests that.when people are having a dispute that's.led to litigation sometimes one of the.best ways to settle a case is to get.everybody in the room see each other.face to face and hear each other out so.oftentimes what seems to be in transyl.and transyl in an unsolvable conflict.might might be settled if you can just.get everybody in the room so I think.it's that's it for this video it's a.short one certainly just by reading rule.26 you might not get it so I hope you.found this video to be helpful and I.will see you guys in the next video.thank you.

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What does rule 26 mean?

Well, the moment I saw the question here, I felt so eager to answer it. Everyday we all come across some people who does these tiny little things that annoys you to the core; and somehow they just can't take the hint to stop. I dedicate my answer to them. 1. Do not touch a person you don't know or just have an acquaintance with. Even if it's just a nudge with a finger, it is absolutely unwelcome. 2. Do not shout at someone or loudly address them in public. It's actually very disrespectful. 3. Be punctual. Do not make someone wait. In case if you are running late, inform them before hand so that Continue Reading

What is the Rule 26 F Conference?

They have carefully researched their opposing counsel’s reputation and skills. Also, they have gotten to know the other lawyers through the pre-trial process (discovery). Trial work is not like a blind date with lawyers having their first encounters at trial.

What are Rule 26 disclosures?

Under the Federal Rules of Civil Procedure, parties are required to cooperate during the discovery process. As part of this, lawyers are required to provide documents and other information related to the case. When a party has failed to disclose required information, it is incumbent upon that party, through the lawyer representing them, to provide a supplemental statement that corrects the failure to disclose that information. Here is an example of one: Plaintiff's Rule 26(a)(1) Supplemental Initial Disclosures

What is a Rule 26 Conference?

I answered something similar in another question and I'm still in awe of what this young woman did for us as a family and will always be grateful: My divorced brother and his 2 sons (then 9 and11 yrs old) lived with my dad who was 83yrs old. In Nov 2009 my dad was diagnosed with Vascular Desease and we found that both his legs were dead in the sense that there was no pulse, blood and no oxygen and that his renal functions were impaired My sister and I live in the same city but a 2hr flight from our dad. We agreed to take turns to care for him and to be with him for 2wks at a time. My brother was Continue Reading

Do you file Rule 26 disclosures?

Under the Federal Rules of Civil Procedure, parties are required to cooperate during the discovery process. As part of this, lawyers are required to provide documents and other information related to the case. When a party has failed to disclose required information, it is incumbent upon that party, through the lawyer representing them, to provide a supplemental statement that corrects the failure to disclose that information. Here is an example of one: Plaintiff's Rule 26(a)(1) Supplemental Initial Disclosures

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