In a federal civil case, discovery starts after the parties hold the planning conference required by Rule 26(f), and no party can serve interrogatories, document requests, or deposition notices before that meeting takes place. The question of when does discovery start therefore has a two-part answer: the pleadings must be far enough along to make the conference possible, and the conference itself has to happen. From the date a complaint is filed, that usually takes a matter of weeks, though a motion to dismiss or a crowded court calendar can push it out further.
The Pleadings Have to Be on File First
Nothing in discovery happens until the lawsuit itself has taken shape on paper. The plaintiff files a complaint laying out the allegations, the legal claims, and the relief sought. The defendant then files an answer that addresses each allegation and raises any defenses. Once the answer is on file, both sides know what is actually in dispute, and that framing is what makes a planning conference meaningful.
A defendant can also respond with a motion to dismiss instead of an answer, asking the court to throw the case out before discovery begins. If the court denies that motion, the defendant then has to file an answer, and the clock toward discovery starts from there. Depending on how long the court takes to rule, this detour can delay the start of discovery by weeks or months.
The Rule 26(f) Conference Is the Formal Trigger
The actual starting line for discovery in federal court is the Rule 26(f) conference. Before any party can serve a formal discovery request, the parties must meet and confer to develop a discovery plan. Formal discovery cannot begin until that meeting has occurred.1Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
At the conference the parties discuss the nature of their claims and defenses, the prospects of settlement, how initial disclosures will be exchanged, and what the discovery period should look like. The product is a proposed discovery plan that gets submitted to the judge. The plan covers the subjects on which discovery is needed, the timeline for completing it, and any issues related to electronically stored information or claims of privilege.
The Scheduling Order Sets the Deadlines
After reviewing the parties’ proposed plan, the judge issues a scheduling order under Rule 16(b). That order sets binding deadlines for completing discovery, filing motions, amending pleadings, and other pretrial milestones.2Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management It is the document that controls the pace of the case from this point forward. Discovery periods in federal civil cases commonly run three to six months, though complex litigation can stretch much longer.
Once the scheduling order is signed, the deadlines are hard to move. A party seeking an extension has to show “good cause,” which in practice means proving diligence. If a party simply ran out of time without working the case, courts rarely grant more.2Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
Initial Disclosures Come 14 Days After the Conference
The first real exchange of information happens automatically, without anyone having to ask. Each party must hand over basic case information through initial disclosures within 14 days after the Rule 26(f) conference, unless the court sets a different deadline.1Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
The required categories are:
- Names and contact information for witnesses likely to have relevant information supporting your claims or defenses.
- Copies or descriptions of all documents and electronically stored information you may use to support your case.
- A computation of each category of damages claimed, along with the underlying documents.
- Any insurance policy that might cover all or part of a judgment.1Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
The insurance disclosure sometimes catches parties off guard. You have to produce your relevant policies even though coverage has nothing to do with the merits, because the information affects settlement calculations and the practical ability to collect on a judgment.
What Starts Happening Once Discovery Opens
After the conference and initial disclosures, the parties can begin using the formal discovery tools. All of it has to stay within the scope set by Rule 26(b)(1), meaning information relevant to a party’s claims or defenses and proportional to the needs of the case.
Interrogatories
Interrogatories are written questions answered in writing and under oath. Federal rules cap them at 25 per party, including subparts, unless the court allows more or the parties agree otherwise.3Legal Information Institute. Federal Rules of Civil Procedure Rule 33 – Interrogatories to Parties They work well for pinning down names, dates, and the other side’s version of events.
Requests for Production
A request for production asks the other party to turn over specific documents, electronically stored information, or tangible items. The request must describe each item or category with “reasonable particularity.” The responding party has 30 days to produce the materials or object.4Legal Information Institute. Federal Rules of Civil Procedure Rule 34 – Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes Emails, text messages, and database records often make up the bulk of what gets produced.
Depositions
A deposition is sworn, in-person testimony given outside of court and recorded by a court reporter. Each side is limited to 10 depositions, and each is capped at one day of seven hours, unless the court or the parties agree otherwise.5United States Court of International Trade. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination Depositions are the most expensive discovery tool, so attorneys reserve them for key witnesses.
Requests for Admission
Requests for admission ask the opposing party to confirm or deny specific facts or the authenticity of documents. If a party does not respond within 30 days, the matter is automatically deemed admitted and treated as conclusively established for the rest of the case.6Legal Information Institute. Federal Rules of Civil Procedure Rule 36 – Requests for Admission Missing that deadline is one of the more damaging mistakes in discovery.
Physical and Mental Examinations
When a party’s physical or mental condition is directly at issue, the court can order that party to submit to an examination by a licensed professional. Unlike other discovery methods, this one requires a court order, and the requesting party has to show good cause and give notice to everyone involved.7Legal Information Institute. Federal Rules of Civil Procedure Rule 35 – Physical and Mental Examinations
Non-Party Subpoenas
When relevant evidence is held by someone who is not a party, attorneys use a Rule 45 subpoena to compel testimony or document production. The subpoena has to be served in person, with one day’s attendance fee plus mileage.8Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena It can reach anyone in the United States but can only compel attendance at a deposition or hearing within 100 miles of where the person lives, works, or regularly conducts business.
Expert Discovery Runs on a Later Clock
Expert discovery usually happens toward the end of the case rather than at the start. Each party must identify any expert it plans to call at trial. An expert specifically hired to testify must prepare a written report covering all opinions, the basis for each opinion, the data considered, the expert’s qualifications, and a list of prior cases where the expert testified over the past four years.1Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
Unless the court sets different dates, expert disclosures are due at least 90 days before trial, and rebuttal expert disclosures are due within 30 days after the opposing party’s disclosure.1Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Late disclosure can get your expert excluded.
State Court Rules Can Differ
Everything above applies to federal court. State courts follow their own procedural rules, and the trigger for discovery can look quite different. Some states allow discovery to begin as soon as the defendant is served, without waiting for a planning conference or scheduling order. Others use a case management conference similar to the federal model but on a different timeline. The caps on interrogatories, depositions, and other tools also vary. If your case is in state court, check that state’s rules of civil procedure for the specific triggers and deadlines that apply.