Federal discovery involves requests, responses, testimony, and document production. This guide outlines support tasks under the Federal Rules of Civil Procedure. We agree on the work, record, deliverables, and deadline with counsel before starting. Counsel sets strategy and decides what is served or filed.
This article addresses federal procedure. Legal1Up also supports state and local courts and administrative proceedings, using the rules and requirements applicable to each matter.
Rule 26: General Provisions Governing Discovery
Rule 26 governs disclosures, discovery scope, and proportionality. We help organize information for disclosure checklists and identify potential scope questions for counsel to review.
We also assist with Rule 26(f) conference preparation, producing meet-and-confer agendas that address ESI protocols, privilege log formats, and phased discovery proposals. Counsel reviews the agenda and determines the proposals to make.
Rule 30: Depositions by Oral Examination
We analyze testimony and organize topic-specific question outlines linked to the record. Our deposition support includes preparation materials such as question guides and indexed exhibit sets, with the tasks agreed during scoping.
For Rule 30(b)(6) depositions, we help draft topic descriptions for counsel to review. The named organization designates its witnesses. Where support for the responding organization is included in scope, we can organize corporate records for counsel to evaluate potential designees.
Rule 33: Interrogatories
Under Rule 33(a)(1), the default limit is 25 interrogatories from a party to each other party, counting discrete subparts. A stipulation or court order can change that limit. We draft proposed interrogatories tied to the issues counsel identifies.
For responses, we organize supporting records and flag potential gaps or privilege issues for counsel to review.
Rule 34: Requests for Production
We draft document requests tied to the claims, defenses, and record categories counsel identifies. Counsel reviews scope and objections before deciding what to serve.
For responding parties, we assist with production organization, Bates numbering, privilege log generation, and ESI protocol compliance. The production format, review work, and delivery steps are agreed as part of our discovery support.
Rule 35: Physical and Mental Examinations
A court-ordered Rule 35 examination requires good cause and that the condition be in controversy. We help draft motions addressing those requirements and research jurisdiction-specific standards for scope limitations. Any examination-preparation support is agreed with counsel during scoping.
For a party responding to an examination request, we assist with objection research when examination requests exceed proper bounds.
Rule 36: Requests for Admission
Requests for admission can address facts, the application of law to fact, and document genuineness. We draft proposed requests tied to the issues counsel identifies.
Rule 36(a)(3) generally provides 30 days to serve an answer or objection; the parties may stipulate to a different period under Rule 29, or the court may order one. An unanswered matter is admitted under that provision. Counsel determines deadlines and any response to an admission or missed deadline.
Rule 37: Failure to Make Disclosures or to Cooperate in Discovery
We assist with draft motions to compel, fee petitions, and sanctions briefing under Rule 37. We research authorities relevant to the discovery issue and jurisdiction identified by counsel.
Where agreed in scope, we organize discovery obligations and flag response gaps or approaching deadlines for counsel. Counsel remains responsible for deadlines and service.
Rule 45: Subpoenas
Third-party discovery through Rule 45 subpoenas requires attention to geographic limitations, service requirements, and the rights of non-parties. We prepare draft subpoenas and motion materials for counsel to review, and research standards for quashing or modifying subpoenas in the relevant jurisdiction.
Document organization, return-date tracking, and integration of third-party productions can be included in the agreed scope. Confirm the tracking process and responsibilities with us before starting.
How We Deliver
Describe the task, available record, and deadline. A 30-minute consultation helps us scope the work. We confirm the scope, quote, and delivery date before work begins. Our system does the first pass, our team checks the work, and counsel decides what is served or filed.
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