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Commercial Litigation

Discovery Plan and Scheduling Order

Preparing joint discovery plans and scheduling orders is time-consuming and detail-intensive, requiring coordination between parties, careful attention to FRCP 26(f) requirements, and precise deadline calculations. Attorneys spend hours drafting ESI protocols, negotiating discovery limitations, and ensuring all required elements are properly addressed while managing competing deadlines.

Automation ROI

Time savings at a glance

Manual workflow3.5 hoursAverage time your team spends by hand
With CaseMark8 minutesDelivery time with CaseMark automation
EfficiencySave 26.3x time with CaseMark

The Problem

Preparing joint discovery plans and scheduling orders is time-consuming and detail-intensive, requiring coordination between parties, careful attention to FRCP 26(f) requirements, and precise deadline calculations. Attorneys spend hours drafting ESI protocols, negotiating discovery limitations, and ensuring all required elements are properly addressed while managing competing deadlines.

The CaseMark Solution

CaseMark automates the entire discovery planning process, generating comprehensive, court-ready discovery plans and scheduling orders in minutes. Simply input your case details and preferences, and receive a fully structured document with ESI protocols, privilege protections, and calculated deadlines that comply with federal and local rules.

Key benefits

How CaseMark automations transform your workflow

Generate FRCP 26(f)-compliant discovery plans in under 10 minutes instead of 3+ hours

Automated deadline calculations ensure accurate timelines for discovery, experts, and motions

Pre-built ESI protocols and clawback provisions reduce negotiation time with opposing counsel

Customizable templates adapt to commercial litigation, employment disputes, and other case types

Consistent formatting and comprehensive coverage reduce court rejections and revision requests

What you'll receive

Caption
Introduction
Subjects for Discovery
ESI Protocols and Agreements
Privilege and Work Product Protections
Discovery Limitations
Phased Discovery Plan (if applicable)
Proposed Deadlines and Milestones
Signature Blocks

Document requirements

Required

  • Case Information
  • Discovery Scope Details

Optional

  • Prior Discovery Agreements
  • Local Court Rules
  • ESI Production Specifications

Perfect for

Commercial Litigator
Litigation Paralegal
Solo Practitioner
Associate Attorney
Legal Operations Manager

Also useful for

This workflow is applicable across multiple practice areas and use cases

Employment litigation cases require FRCP 26(f)-compliant discovery plans with ESI protocols for email, personnel files, and electronic communications. Discovery deadlines for discrimination, wrongful termination, and wage-hour cases follow the same federal procedural requirements.

Employment litigation is a major federal litigation practice area that requires identical discovery planning procedures, ESI protocols, and scheduling orders as commercial litigation, with high volume of electronic discovery.

IP litigation in federal court requires comprehensive discovery plans addressing ESI protocols for source code, design files, and electronic communications. Patent, trademark, and copyright cases need phased discovery and expert disclosure deadlines.

IP litigation follows FRCP 26(f) requirements and often involves complex ESI issues, making discovery planning and scheduling orders essential for managing technical document production and expert timelines.

Class Action85% relevant

Class action litigation requires detailed discovery plans for class certification issues, ESI protocols for large-scale document production, and phased discovery addressing merits and damages. Joint discovery plans coordinate multi-party discovery efforts.

Class actions involve extensive discovery coordination, ESI management for potentially millions of documents, and phased discovery plans that make scheduling orders critical for case management.

Personal Injury80% relevant

Personal injury cases in federal court require discovery plans addressing medical records, expert witness disclosures, and ESI protocols for accident reconstruction data and electronic communications. Scheduling orders establish deadlines for medical examinations and expert reports.

Federal personal injury cases follow FRCP 26(f) requirements and need structured discovery plans for medical evidence, expert testimony, and electronic data, with precise deadline management for trial preparation.

Adversary proceedings in bankruptcy court require discovery plans and scheduling orders for preference actions, fraudulent transfer litigation, and other contested matters. ESI protocols address financial records and electronic communications.

Bankruptcy adversary proceedings follow federal discovery rules and require formal discovery plans for complex financial litigation, making scheduling orders essential for managing contested bankruptcy matters.

Frequently asked questions

Q

What information do I need to generate a discovery plan?

A

You'll need basic case information (court name, case number, parties), a description of discovery subjects, your preferences for ESI protocols and discovery limitations, and proposed deadlines for key litigation milestones. CaseMark guides you through each required field and provides intelligent suggestions based on standard practice.

Q

Does the tool comply with FRCP 26(f) requirements?

A

Yes, CaseMark's discovery plan generator is built to comply with Federal Rule of Civil Procedure 26(f) and includes all required elements. The tool can also be customized to meet specific local court rules and standing orders in your jurisdiction.

Q

Can I customize ESI protocols and production formats?

A

Absolutely. CaseMark provides standard ESI protocol templates that you can customize for your case's specific needs, including production formats, metadata requirements, de-duplication, and search term agreements. You can save custom protocols for reuse across similar cases.

Q

How does the tool calculate discovery deadlines?

A

CaseMark automatically calculates deadlines based on your proposed trial date and standard discovery periods, working backward to set realistic milestones for fact discovery, expert disclosures, dispositive motions, and pretrial conferences. You can adjust any deadline to fit your case strategy or court requirements.

Q

Can I include phased discovery in the plan?

A

Yes, CaseMark supports phased discovery proposals. You can specify different phases (such as liability discovery before damages, or core issues before peripheral matters) and set separate deadlines for each phase to manage complex litigation more efficiently.

Q

What if opposing counsel wants to modify the discovery plan?

A

CaseMark-generated plans are fully editable Word documents, making it easy to incorporate changes requested by opposing counsel or the court. You can quickly regenerate modified versions while maintaining consistent formatting and ensuring all required elements remain included.

Q

Does this work for state court litigation?

A

Yes, while the default template follows federal rules, CaseMark can be customized for state court requirements. You can modify the rule references, adjust deadline structures, and incorporate state-specific discovery procedures to ensure compliance with your jurisdiction's rules.