Fed. R. Civ. P. 26 — Duty to Disclose; General Provisions Governing Discovery
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a) Required disclosures. Within 14 days after the Rule 26(f) conference, each party must disclose, without awaiting a discovery request: (1) names of individuals likely to have discoverable information; (2) copies or descriptions of documents the party may use; (3) damages computations; and (4) insurance agreements.
(b)(1) Scope and limits. Parties may obtain discovery regarding any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case, considering importance of issues, amount in controversy, parties’ access to information, resources, importance of discovery in resolving issues, and whether burden outweighs benefit.
(b)(4) Expert discovery. A party may depose any expert whose opinions may be presented at trial. Retained experts must produce a written report.
(f) Conference. Parties must confer at least 21 days before a scheduling conference is held and submit a discovery plan.
Full text: law.cornell.edu/rules/frcp/rule_26.
Plain English
Federal discovery starts before anyone asks for it. Rule 26(a) makes both sides hand over witnesses, documents, damages computations, and insurance within 14 days of the Rule 26(f) conference. Skip it and you can be barred from using the evidence at trial under Rule 37(c).
The 2015 amendments rewrote the scope of discovery to require proportionality. Federal judges have been narrowing what counts as discoverable ever since. The days of unlimited fishing expeditions are over.
Key Cases & Authority
- Crawford-El v. Britton, 523 U.S. 574 (1998) — Pre-2015 case on broad discovery scope; trial courts have wide discretion to limit discovery.
- Hickman v. Taylor, 329 U.S. 495 (1947) — Foundation of attorney work-product doctrine, codified in 26(b)(3).
- Upjohn Co. v. United States, 449 U.S. 383 (1981) — Attorney-client privilege in corporate context; key for 26(b)(5) privilege logs.
- Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) — Sets the standard for expert testimony admissibility; informs Rule 26(a)(2) expert disclosure.
- 2015 Advisory Committee Note — The proportionality amendment was meant to rein in over-discovery; courts cite this note frequently when limiting requests.
Florida Parallel
Fla. R. Civ. P. 1.280 — Florida has no automatic initial disclosures. That alone changes federal-versus-state strategy dramatically; in Florida you wait for the other side to serve requests, in federal court key information arrives automatically.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a)(1) Within 14 days after the Rule 26(f) conference, each party must disclose without awaiting a discovery request: (i) the name and contact information of each individual likely to have discoverable information; (ii) a copy or description of all documents and tangible things that the party may use to support its claims or defenses; (iii) a computation of each category of damages claimed; and (iv) any insurance agreement that may be used to satisfy a judgment.
(b)(1) Unless otherwise limited by court order, parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.
(b)(4) A party may depose any expert whose opinions may be presented at trial. Retained experts must produce a written report.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
In federal court, you hand over key information before anyone asks. Rule 26 mandates initial disclosures within 14 days of the 26(f) conference. The 2015 amendment requires discovery be proportional to the needs of the case — the days of unlimited fishing expeditions are over.