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Rule 26(f) of the Federal Rules of Civil Procedure requires that parties meet early in the litigation to try and agree on a discovery plan. To make Rule 26(f) work, the Sedona Conference—a nonprofit group of leading judges, scholars and attorneys focused on improving the practice of law—issued a 2009 proclamation encouraging parties to cooperate in the discovery process. Still, many lawyers show up at the scheduled 26(f) conference without a detailed understanding of their client’s ESI or a specific plan for discovery in mind.

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