Currently under Federal Rules of Civil Procedure Rule 34, a document request cannot be served on an opposing party until the attorneys have met and \u201cconferred as required by Rule 26(f)\u201d with only a few exceptions. When the lawyers meet, \u201cthe parties must consider the nature and basis of their claims and defenses and the possibilities of promptly settling or resolving the case; make or arrange for disclosures required by Rule 26(a)(1); discuss any issues about preserving discoverable information; and develop a proposed discovery plan.\u201d<\/p>\n
Under the new rules approved by the U.S. Supreme Court on April 29, 2015 as amended and referred to Congress, the rules will become effective on Dec. 1, 2015, parties will be permitted to deliver Rule 34 document request 21 days after service of summons and complaint. Specifically, Rule 26(d)(2) will be added, which provides as follows:<\/p>\n
(d) TIMING AND SEQUENCE OF DISCOVERY<\/p>\n
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\n(2) Early Rule 34 Requests.<\/p>\n
(A) Time to deliver. More than 21 days after the summons and complaint are served on a party, a request under Rule 34 may be delivered:<\/p>\n
(i) To that party by any other party, and
\n(ii) By that party to any plaintiff or to any other party that has been served.<\/p>\n
(B) When Considered Served. The request is considered to have been served at the first Rule 26(f) conference.<\/p>\n