Civil Form 2, Discovery Plan UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Plaintiff(s) v. Civil No. Case #/Judge Initials 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 [NOTE: need not be filed with the court.] OFFER: due date [NOTE: need not be filed with the court.] JURISDICTIONAL QUESTIONS: QUESTIONS OF LAW: TYPE OF TRIAL: jury or bench American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE TRACK ASSIGNMENT: EXPEDITED 6 MONTHS STANDARD 12 MONTHS COMPLEX 24 MONTHS TRIAL DATE: The parties shall set out an agreed trial date adhering to time periods as mandated by the chosen track assignment - using a preset jury selection day as provided on the (www.nhd.uscourts.gov). If the parties cannot agree on a date, they shall set out their respective proposed dates. DISCLOSURE OF CLAIMS AGAINST UNNAMED PARTIES: If defendant(s) claim that unnamed parties are at fault on a state law claim (see DeBenedetto v. CLD Consulting Engineers, Inc., 153 N.H. 793 (2006)), defendant(s) shall disclose the identity of every such party and the basis of the allegation of fault [no later than 30 days before the Joinder of Additional Parties deadline and 45 days before deadline]. Plaintiff shall then have 30 days from the date of disclosure to amend the complaint. AMENDMENT OF PLEADINGS: Plaintiff: due date Defendant: due date JOINDER OF ADDITIONAL PARTIES: Plaintiff: due date Defendant: due date THIRD-PARTY ACTIONS: due date MOTIONS TO DISMISS: due date [NOTE: no later than 90 days after preliminary pretrial conference.] 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).] COMPLETION OF DISCOVERY: (1) Date all discovery complete [NOTE: no later than 60 days prior to trial date.] (2) Date for completion of discovery on issues for early discovery, if any. MOTIONS FOR SUMMARY JUDGMENT: due date [NOTE: no later than 120 days prior to trial date. The fact that the discovery deadline may postdate the summary judgment deadline is not a sufficient basis to request a continuance of the summary judgment deadline.] American LegalNet, Inc. www.FormsWorkFlow.com CHALLENGES TO EXPERT TESTIMONY: due date [NOTE: no later than 45 days prior to trial date.] DISCOVERY DISCOVERY NEEDED: Give a brief description of subjects on which discovery will be needed. MANDATORY DISCLOSURES (Fed. R. Civ. P. 26(a)(1)): Advise the court whether the parties have stipulated to a different method of disclosure than that required by Fed. R. Civ. P. 26(a)(1) or have agreed not to require any Rule 26(a)(1) disclosures. 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. ELECTRONIC INFORMATION DISCLOSURES (Fed. R. Civ. P. 26(f)): Provide (a) regarding the disclosure or discovery of electronically and/or attach a proposed order and/or (b) identify any disputes regarding the same. The potential issues the parties should consider include, but are not limited to: (1) Preservation. Counsel should attempt to agree on steps the parties will take to segregate and preserve ESI in order to avoid accusations of spoliation; (2) Email Information. Counsel should attempt to agree on the scope of email discovery and email search protocol; (3) Back-up and Archival Data. Counsel should attempt to agree on whether responsive back-up and archival data exists, the extent to which back-up and archival data is reasonably accessible, and who will bear the cost of obtaining such data; (4) Format and Media. Counsel should attempt to agree on the format and media to be used in the production of ESI, and whether production of some or all ESI in paper form is agreeable in lieu of production in electronic format; (5) Reasonably Accessible Information and Costs. Counsel should attempt to determine if any responsive ESI is not reasonably accessible, i.e., is accessible only by incurring undue burdens or costs; (6) Privileged or Trial Preparation Materials. Counsel also should attempt to reach agreement regarding what will happen in the event privileged or trial preparation materials are inadvertently disclosed. See Fed. R. Evid. 502. American LegalNet, Inc. www.FormsWorkFlow.com STIPULATION REGARDING CLAIMS OF PRIVILEGE/PROTECTION OF TRIAL PREPARATION MATERIALS (Fed. R. Civ. P. 26(f)): 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). OTHER ITEMS 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: date by which the parties will notify the court whether mediation will occur and, if so, when. TRIAL ESTIMATE: number of days WITNESSES AND EXHIBITS: [NOTE: no dates necessary. Due dates are as follows, and Witness and exhibit lists, included in final pretrial statements, are due 10 days before final pretrial conference but not less than 30 days before trial. Objections are due 14 days after service of final pretrial statements. 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 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, 12/1/09, 12/1/11, 12/1/13; amended 12/1/17) American LegalNet, Inc. www.FormsWorkFlow.com