Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate

by Exterro, Inc.

Exterro's Comprehensive Guide to Early Case Assessment

FRCP Rule 26(f) stipulates a conference of the parties so that they might plan for discover.

  • Who: The attorneys of record and all unrepresented parties that have appeared in the case
  • What: Parties must consider the nature and basis of their claims and defenses; make or arrange for the disclosures required by Rule 26(a)(1); discuss any issue about preserving discoverable information; develop a discovery plan
  • When: As soon as is practicable, but at least 21 days before a scheduling conference or scheduling order under Rule 16(b).

FRCP Rule 26’s emphesis on proportionality gets a jump start with the revised language around the meet-and-confer conference. With the deadline falling sooner, and a requirement to come prepared with a deep knowledge of your case and your data, clear objectives for discovery, and any issues with privlege or protection that may need an order under FRE 502, this meeting changes from a procedural obligation, to another aspect in fulfilling the goals of Rule 1, keeping litigation to “just, speedy and inexpensive.”

Preparation is key for any meet and confer conference to be successful. Having a deep knowledge of your case and your data, along with clear objectives, will make this meeting not just a procedural obligation, but a key tool for streamlining activities and proactively reducing e-discovery expenses.

Here are a few things to remember:

  • Know where your potentially relevant data is stored and what it takes to collect it. Too often, legal teams find themselves required to collect data and they have no idea where it is; and, once they do find it, realize that they may not have the tools to collect it. By understanding your data, you not only save time and stress when it comes to collection, but you also will have advanced insight into potential ways that you might be able to reduce the burden and/or cost of e-discovery, as well as understanding if there are any considerations regarding privilege.
  • Additionally, the meet and confer is a great chance to clearly understand what they key issues of the case are for opposition and determine where you can find common ground. Take this opportunity seriously. By conducting a meaningful meet and confer, which should include an IT representative from each side, parties can create an e-discovery protocol that empowers both sides to quickly find and review the key pieces of evidence to the case.
  • Final note, if you’re unsatisfied with what the e-discovery parameters, try first to present options to the other side explaining your reasoning. If that is unsuccessful and your opponent decides to file a motion to compel, be sure to explain to the judge with metrics on the reasoning behind your decision not to comply. Speculation or boilerplate responses will not be accepted by the court.

For a step-by-step rundown of everything you need to do to prepare for your meet-and-confer, download this new checklist!

[View source.]

Written by:

Exterro, Inc.

Exterro, Inc. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.