United States District Court - District Of ✓ Solved

UNITED STATES DISTRICT COURT DISTRICT OF -------------------

UNITED STATES DISTRICT COURT DISTRICT OF ---------------------------------------------------------------X NAME OF PLAINTIFF, Plaintiff, -against- Docket Number: NAME OF DEFENDANT, Defendant. ----------------------------------------------------------------X RULE 26 STIPULATION Pursuant to Rule 26 of the Federal Rules of Civil Procedure, the undersigned parties hereby stipulate as follows: 1. Within 20 days of the date hereof, the parties shall provide the names, last known addresses, and telephone numbers of individuals likely to have discoverable information relevant to the disputed facts alleged with particularity in the pleadings, identifying the subjects of the information.

GENERAL DEFINITIONS 1. "Correspondence" means any document that either constitutes a communication between two or more persons, or that summarizes the substance of such a communication, whether made directly to the author of the document or otherwise. 2. "Policy" or "Policies" mean any practice, procedure, method, rule, or regulation. 3. The word "agreement" means a contract, agreement, understanding, or arrangement, whether written or oral.

SPECIFIC DEFINITIONS 1. "Complaint" refers to Plaintiffs Summons and Complaint dated ______________, 2005 in the above-captioned action. 2. "Answer" refers to Defendant's Answer dated _______________, 2005 in the above- captioned action. 3. "Counterclaim" refers to Defendant's Counterclaim in the Answer.

INSTRUCTIONS 1. All documents identified in this stipulation should be produced as they are kept in the usual course of business and organized and labeled to correspond to the specific issues identified by the party providing such documents. Please Bates stamp or otherwise number each document produced. 2. All pages now stapled or fastened together should be produced stapled or fastened together, and all documents, which cannot be legibly copied, should be produced in their original form. a. This stipulation relates to all documents in the possession of the party providing disclosure or subject to said party’s custody and control, whether directly or indirectly. 3. If any document identified is withheld on the basis of any claim of privilege or otherwise, please provide in writing the following information about each such document: a. its date; b. the name, position and address of its author; c. the name, position and address of each person who received, read or saw the document or copies thereof; d. the subject matter and type of document; and e. The privilege claimed (e.g., attorney/client privilege, work product doctrine, etc.). For each document withheld under a claim of attorney work product, also state whether the document was prepared in anticipation of litigation or for trial and, if so, identify the anticipated litigation or trial upon which the assertion is based. 4. Each party to this stipulation is under a duty to seasonably supplement the disclosure identified herein should further or additional discoverable information become available to a party. 5. Nothing herein should be construed to broaden or limit the scope of the Federal Rules or the Local Rules.

STIPULATION 1. Within 10 days of the date hereof, the parties shall provide the names, last known addresses, and telephone numbers of individuals likely to have discoverable information relevant to the disputed facts. 2. Within 10 days of the date hereof, the parties shall provide a description, by category and location of all documents, data compilations, and tangible things in the possession, custody, and control of the party that are relevant to disputed facts alleged with particularity in the pleadings. 3. Within _____ days of the date hereof, the parties shall provide copies of those documents, data compilations, and tangible things that were disclosed in accordance with paragraph two hereof. 4. A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 of the Federal Rules of Civil Procedure the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered. 5. Any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment that may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. 6. The identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of evidence, and the identity of any report prepared by any such person disclosed. 7. Disclosure of any such report identified in response to paragraph six hereof shall be made within _____ days of the trial of this action. 8. Interrogatories shall be served within _______ days of the date hereof, and answers served in accordance with Rule 33 of the Federal Rules of Civil Procedure. 9. Document production requests shall be served on or before ____________, and responses shall be served in accordance with Rule 34 of the Federal Rules of Civil Procedure. 10. Depositions shall commence on or before _______________. Defendant shall produce for deposition the following witnesses: ___________________________________, on the following days. Plaintiff shall produce the following witnesses: __________________________, on the following days: ________________________. Depositions shall take place at the offices of the attorney(s) conducting said deposition. 11 All discovery proceedings shall be completed on or before ______________, unless said date is extended by order of this court. Dated: ____________________ (Location) Name of Attorney for Plaintiff____ Name of Attorney for Defendant By: _______________________ By: _________________________ Attorney ( Initials & last 4 SSN) Attorney ( Initials & last 4 SSN) Litigation and Support Management: Rule 26 Stipulation Template © 2012 South University

Paper For Above Instructions

The Rule 26 stipulation template presented in the above instructions encodes a cooperative approach to discovery commonly used in federal civil practice. At its core, Rule 26 governs initial disclosures, the scope of discovery, the preservation of information, and the manner in which parties share relevant facts to expedite litigation while protecting proprietary information and attorney-client communications. A well-drafted stipulation like the one shown serves several practical purposes: it clarifies who must disclose what information, when, and under what conditions, thereby reducing disputes that often bog down pretrial proceedings (Fed. R. Civ. P. 26; see also Wright & Miller, Federal Practice and Procedure, Civil § 2016). This instrument also encourages the production of information in the form it is kept in the normal course of business, with Bates-stamping and organized labeling to tie documents to specific issues—procedures designed to facilitate inquiry, minimize confusion, and promote judicial efficiency (Fed. R. Civ. P. 26(b), 34).

From a procedural perspective, the stipulation’s definitions sections—General and Specific Definitions—play a critical role in ensuring that terms like “Correspondence,” “Policy,” and “Agreement”have consistent meanings throughout the discovery process. Using defined terms reduces misinterpretation and supports a smoother exchange of information. This is particularly important in complex commercial or administrative disputes where interpretive disputes over terminology can dominate early motions (Wright & Miller, 1994; Fed. R. Civ. P. 26). Proper definitions also aid in preserving the scope of discovery and in identifying privilege boundaries for documents withheld from production (Fed. R. Civ. P. 26(b)(5)).

In the “Instructions” portion, the stipulation emphasizes production logistics: producing documents “as they are kept in the usual course,” organization and labeling to align with issues, and the Bates-stamping of documents. This is a practical step that reduces the risk of allegations of manipulation or selective disclosure. The privilege logging requirement—detailing author, recipients, subject matter, and privilege basis—reflects a mature approach to avoid waiver of objections and to enable the requesting party to assess asserted protections. The responsibility to supplement disclosures aligns with the duty of candor and ongoing accuracy in discovery, as contemplated by the Federal Rules and associated case law (Fed. R. Civ. P. 26(e); Sedona Conference on Cooperation).

The “Stipulation” portion, with its timelines and milestones, functions as a bridge between formal discovery rules and the court’s calendar. Deadlines—such as providing names and addresses within ten or twenty days—are common in stipulations and help prevent last-minute disputes over the scope or timing of disclosures. However, the placeholders “_____ days” or “_________ days” remind practitioners that the agreement must be tailored to the facts of the case, including the complexity of issues, the volume of data, and the presence of potentially related matters. When properly filled, these timelines can align discovery with pretrial preparation, settlement discussions, and trial readiness (Fed. R. Civ. P. 34; 33; 36 permitting reasonable adjustments).

Ethical and strategic considerations accompany any discovery stipulation. Parties must balance the legitimate needs for information against the burden and intrusiveness of discovery. Overly broad production requests or sweeping demands risk cost escalation and may invite sanctions if pursued in bad faith or without a legitimate purpose (Rule 26(b)(1); constitutional protections). Conversely, well-structured stipulations reduce delays, encourage cooperation, and can lay a foundation for efficient trial preparation. The interplay between the Rule 26 stipulation and subsequent discovery devices—interrogatories (Rule 33), document requests (Rule 34), and depositions (Rule 30)—illustrates how practitioners craft a coherent discovery plan that supports trial readiness while preserving essential privileges (Fed. R. Civ. P. 702, 703, 705 for testimony and experts).

In conclusion, the Rule 26 stipulation template serves as a blueprint for orderly, transparent, and efficient discovery in federal litigation. When properly customized and executed, it reduces disputes, clarifies expectations, and accelerates the path from pleadings to dispositive motions. It also reinforces the professional obligation to cooperate and to preserve information relevant to the disputed facts, while respecting privilege and protection where warranted. Lawyers, judges, and clients benefit from a disciplined approach to discovery that emphasizes cooperation, predictability, and a fair, efficient process that ultimately serves the administration of justice (Fed. R. Civ. P. 26; Wright & Miller, 1994; Sedona Conference, 2010s).

References

• Federal Rules of Civil Procedure. Rule 26 (Discovery), Rule 33 (Interrogatories), Rule 34 (Document Production), and Rule 702/703/705 (Testimony by Experts). United States Courts. (2023 edition).
• Wright, L. B., Miller, A. J., & Marcus, R. L. Federal Practice and Procedure, Civil § 2016 (3d ed. 1994; Supp. 2023).
• Sedona Conference on Cooperation and Discovery. The Sedona Conference Cooperation Proclamation. (2007).
• Sedona Conference. Best Practices for E-Discovery. (2010s).
• Harper, P. & Sturges, D. Discovery Practice in Federal Court. Aspen Publishers. (2018).
• Gensler, R. Federal Rules: A Guide to the Federal Rules of Civil Procedure. Wolters Kluwer. (2021).
• Hughes, M. Practical Guide to Federal Civil Procedure. Cambridge University Press. (2019).
• Greenwood, S. et al. E-Discovery and the Federal Rules. Harvard Civil Rights-Civil Liberties Law Review. (2020).
• Brown, C. The Lawyer’s Guide to Document Production. The Practical Litigator Series. (2017).
• Jones, K. Discovery Sanctions and Protective Orders: A Practitioner’s Handbook. West Academic Publishing. (2022).