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Discovery Plan

Draft Discovery Plans & Scheduling Orders in Minutes

12 minutes with CaseMark

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Upload your documents and get a finished work product in minutes. New accounts get $5 free to run their first skill.

12 minutes with CaseMark

What you'll need

  • Pleadings
  • Court Information & Local Rules
  • Meet-and-Confer Notes

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Discovery Plan skill transforms your pleadings, court requirements, and meet-and-confer notes into a comprehensive Joint Discovery Plan and Proposed Scheduling Order. The AI analyzes each claim and defense to map discovery needs, generates detailed ESI protocols, and produces court-ready scheduling timelines—all in a fraction of the time it takes to draft manually.

Drafting Joint Discovery Plans and Proposed Scheduling Orders is one of the most time-consuming early-case tasks in litigation. Attorneys must manually cross-reference pleadings, local rules, standing orders, and meet-and-confer agreements to produce a document that addresses discovery scope, ESI protocols, privilege procedures, and dozens of scheduling deadlines. Missing a requirement or failing to address proportionality concerns can lead to costly discovery disputes and judicial frustration.

CaseMark automates the entire discovery plan drafting process by analyzing your pleadings, court requirements, and meet-and-confer details simultaneously. The AI maps each claim and defense to specific discovery needs, generates comprehensive ESI protocols and privilege procedures, and produces a complete proposed scheduling order with tabular deadlines—delivering a court-ready document that you can review, customize, and file with confidence.

How it works

  1. 1. Upload your pleadings, court information, and meet-and-confer notes

  2. 2. AI analyzes claims, defenses, and case complexity to determine discovery scope

  3. 3. Review the generated Joint Discovery Plan with ESI protocols, timelines, and privilege procedures

  4. 4. Export your court-ready document in your preferred format (DOCX, PDF)

What you get

  • Caption & Introduction

  • Discovery Subjects & Scope

  • ESI Protocol

  • Privilege Procedures

  • Discovery Limitations

  • Phased Discovery Plan

  • Proposed Scheduling Order with Milestone Deadlines

  • Signature Blocks & Certificate of Service

What it handles

  • Claim-by-claim discovery scope analysis tied to legal elements and factual disputes

  • Comprehensive ESI protocol generation with format, metadata, and search term specifications

  • Automated milestone scheduling with tabular deadline formatting

  • Privilege procedure drafting including FRE 502(d) clawback provisions

  • Proportionality analysis under Rule 26(b)(1) for discovery limitations

  • Phased discovery recommendations based on case complexity and bifurcation needs

Required documents

  • Pleadings

    Complaint, answer, counterclaims, and any amended pleadings establishing the claims and defenses in the case

    .pdf, .docx

  • Court Information & Local Rules

    Standing orders, local rules, model templates, and any existing court orders or CMC minutes from the assigned judge

    .pdf, .docx

  • Meet-and-Confer Notes

    Notes from the Rule 26(f) meet-and-confer conference including date, participating attorneys, and agreements reached

    .pdf, .docx, .txt

Supporting documents

  • Initial Disclosures

    Initial disclosures exchanged between parties, if available

    .pdf, .docx

  • Prior Discovery Plans or Templates

    Firm templates, prior discovery plans from similar cases, or court-provided model forms for reference

    .pdf, .docx

Why teams use it

Reduce discovery plan drafting time from hours to minutes while ensuring comprehensive coverage of all FRCP 26(f) requirements

Generate tailored ESI protocols with production format specifications, metadata requirements, and search term frameworks specific to your case

Produce proportionality-driven discovery limitations that withstand judicial scrutiny and reduce unnecessary discovery disputes

Create phased discovery recommendations that prioritize threshold issues and manage multi-party complexity efficiently

Questions

Does this tool comply with FRCP 26(f) requirements?

Yes. CaseMark's Discovery Plan skill is specifically designed to produce Joint Discovery Plans and Proposed Scheduling Orders that satisfy FRCP 26(f) requirements. The output covers all required elements including discovery scope, ESI protocols, privilege procedures, and scheduling deadlines.

Can it handle state court discovery plans as well as federal?

Absolutely. CaseMark analyzes your court information and local rules to generate discovery plans under FRCP 26(f) or state equivalents. Simply upload the applicable standing orders and local rules for your jurisdiction.

How does the tool handle ESI protocol drafting?

CaseMark generates comprehensive ESI protocols covering production formats (native, TIFF, searchable PDF), metadata specifications, search term frameworks, TAR/predictive coding provisions, and preservation obligations. These protocols are tailored to the complexity and document types identified in your case.

Will the discovery plan include proportionality analysis?

Yes. CaseMark performs a proportionality analysis under Rule 26(b)(1), considering the importance of issues, amount in controversy, relative access to information, and party resources. This analysis informs recommended discovery limitations and phased discovery approaches.

Can I customize the proposed scheduling deadlines?

CaseMark generates a complete tabular schedule of milestone deadlines based on your case complexity and court preferences. You can review and adjust all dates before finalizing. The tool also accounts for any existing court orders or scheduling preferences from your judge.

Does the output include signature blocks and service certificates?

Yes. CaseMark generates properly formatted signature blocks for all counsel of record, including bar numbers, firm names, addresses, phone numbers, and email addresses, along with a certificate of service ready for filing.

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