Making Your Case for Expedited Discovery

November 15, 2017 Casey C. Sullivan

Sometimes, you’re in a rush. But in litigation, it's not usually easy to get the information you need as quickly as you might want it. Discovery, after all, typically does not begin prior to an initial meet and confer. That can be a problem when you need to access evidence that could disappear should the case progress at a normal pace, for example, or you need to seek out data to support or resist a motion for injunctive relief early in the litigation. In such cases, expedited discovery may be available.

In federal litigation, the Federal Rules of Civil Procedure offer several opportunities to conduct discovery early in an action. Under Rule 26(d)(1), for example, a party is prohibited from seeking discovery before the parties Rule 26(f) meet and confer, unless authorized by court order. Under Rule 30(a)(2)(A)(iii), a party “must obtain leave of court… if the parties have not stipulated to the deposition and… the party seeks to take the deposition before the time specified in Rule 26(d).”

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