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Discovery Initial Exchange Of Information

Rule 26(a)(1), Federal Rules of Civil Procedure, requires parties to make initial disclosures within 14 days of the Rule 26(f) conference. Parties are encouraged to conduct their Rule 26(f) conference within 21 days after defendant has filed an appearance.

In those cases in which the parties are ordered to conduct a planning conference pursuant to Rule 26(f), a joint report of the planning conference shall contain the information in the form required by will be filed in the format set forth in the Planning Conference Report Form.

Under the Federal Rules of Civil Procedure, there is no order of or primacy in discovery. Thus, the order in which discovery is commenced or a party’s failure or inability to respond to discovery will ordinarily not excuse the other party’s seasonable compliance. And, the pendency of a motion, including a motion to dismiss, will not automatically stay discovery.