Free Discovery Plan - Civil Form 2 - New Hampshire

Civil Form 2, Sample Discovery Plan UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Plaintiff(s) v. Defendant(s) DISCOVERY PLAN Fed. R. Civ. P. 26(f) DATE/PLACE OF CONFERENCE: COUNSEL PRESENT/REPRESENTING: CASE SUMMARY THEORY OF LIABILITY: THEORY OF DEFENSE: DAMAGES: DEMAND: due date [need not be filed with the court] OFFER: due date [need not be filed with the court] JURISDICTIONAL QUESTIONS: QUESTIONS OF LAW: TYPE OF TRIAL: jury or bench DISCOVERY TRACK ASSIGNMENT: EXPEDITED--6 MONTHS STANDARD--12 MONTHS COMPLEX--24 MONTHS

Amended 1/1/07

Civil No. Case #/Judge Initials

DISCOVERY NEEDED: Give brief description of subjects on which discovery will be needed.

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MANDATORY DISCLOSURES (Fed. R. Civ. P. 26(a)(1)) Advise the court whether the parties have stipulated to a different method of disclosure than is required by Fed. R. Civ. P. 26(a)(1) or have agreed not to require any Rule 26(a)(1) disclosures. ELECTRONIC INFORMATION DISCLOSURES (Fed. R. Civ. P. 26(f)) The parties should provide (a) a brief description of their proposals regarding the disclosure or discovery of electronically stored information (and/or attach a proposed order) and/or (b) identify any disputes regarding the same. STIPULATION REGARDING CLAIMS OF PRIVILEGE/PROTECTION OF TRIAL PREPARATION MATERIALS (Fed. R. Civ. P. 26(f)) The parties should provide a brief description of the provisions of any proposed order governing claims of privilege or of protection as trial preparation material after production (and/or attach a proposed order). COMPLETION OF DISCOVERY: (1) Date all discovery complete [APPROXIMATELY 60 DAYS PRIOR TO TRIAL DATE ACCORDING TO TRACK] (2) If there are issues for early discovery, date for completion of discovery on those issues INTERROGATORIES: A maximum of (number) [PRESUMPTIVE LIMIT 25] interrogatories by each party to any other party. Responses due 30 days after service unless otherwise agreed to pursuant to Fed. R. Civ. P. 29. REQUESTS FOR ADMISSION: A maximum of (number) requests for admission by each party to any other party. Responses due 30 days after service unless otherwise agreed to pursuant to Fed. R. Civ. P. 29. DEPOSITIONS: A maximum of (number) [PRESUMPTIVE LIMIT 10] depositions by plaintiff(s) and (number) [PRESUMPTIVE LIMIT 10] by defendant(s). Each deposition (other than of /name\) limited to a maximum of (number) [PRESUMPTIVE LIMIT 7] hours unless extended by agreement of the parties. DATES OF DISCLOSURE OF EXPERTS AND EXPERTS' WRITTEN REPORTS AND SUPPLEMENTATIONS: Plaintiff: due date Defendant: due date Supplementations under Rule 26(e) due time(s) or interval(s). Advise the court whether the parties have stipulated to a different form of expert report than that specified in Fed. R. Civ. P. 26(a)(2). CHALLENGES TO EXPERT TESTIMONY: due date: [no later than 45 days prior to trial]

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OTHER ITEMS JOINDER OF ADDITIONAL PARTIES: Plaintiff: due date Defendant: THIRD-PARTY ACTIONS: due date AMENDMENT OF PLEADINGS: Plaintiff: due date

due date

Defendant:

due date

DISPOSITIVE MOTIONS: To Dismiss: due date [NO LATER THAN 90 DAYS AFTER PRELIMINARY PRETRIAL] For Summary Judgment: due date [NO LATER THAN 120 DAYS PRIOR TO TRIAL DATE ACCORDING TO TRACK] SETTLEMENT POSSIBILITIES: (1) is likely (2) is unlikely (3) cannot be evaluated prior to (date) (4) may be enhanced by ADR:

(a) Request to the court (b) Outside source

JOINT STATEMENT RE MEDIATION: The parties shall indicate a date by which mediation, if any, will occur. WITNESSES AND EXHIBITS: [NO DATES NECESSARY; DUE DATES--10 DAYS BEFORE FINAL PRETRIAL CONFERENCE BUT NOT LESS THAN 30 DAYS BEFORE TRIAL FOR LISTS (INCLUDED IN FINAL PRETRIAL STATEMENTS) AND 14 DAYS AFTER SERVICE OF FINAL PRETRIAL STATEMENT FOR OBJECTIONS--SET BY CLERK'S NOTICE OF TRIAL ASSIGNMENT.] TRIAL ESTIMATE: number of days TRIAL DATE: The parties shall set out an agreed trial date­adhering to time periods as mandated by the chosen track assignment--using a preset jury selection day as provided on the court's web site (www.nhd.uscourts.gov). If the parties cannot agree on a date, they shall set out their respective proposed dates. PRELIMINARY PRETRIAL CONFERENCE: The parties [request] [do not request] a preliminary pretrial conference with the court before entry of the scheduling order. [NOTE: THE PARTIES SHOULD
PLAN TO ATTEND THE PRELIMINARY PRETRIAL CONFERENCE AS SCHEDULED UNLESS OTHERWISE NOTIFIED BY THE COURT.]

OTHER MATTERS: The parties should list here their positions on any other matters which should be brought to the court's attention including other orders that should be entered under Fed. R. Civ. P. 26(c) or 16(b) and (c). (Added 1/1/97; amended 1/1/00, 1/1/01, 1/1/02, 1/1/03, 1/1/04, 1/1/07)

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