Written by attorney Steve C. Vondran

Can you get DISCOVERY in federal court BEFORE a Rule 26(f) meet & confer process (early discovery)?

When you find yourself as a Plaintiff or a Defendant in Federal Court, it may be helpful to know the rules about the "Rule 26(f) meet and confer process" and how litigants must usually wait for that to happen BEFORE they can launch into discovery (depositions, sending subpoena's etc.). However, there is an EXCEPTION to that rule/process and times where "expedited discovery" may be allowed (aka "early discovery"). This happens often in internet file-sharing copyright infringement cases involving Strike 3 Holdings, LLC. This video discusses the "three part rule" in Northern District Court in California and you can see what the test looks like and if you can meet it. This is general legal information only and not legal advice.

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