Rule 26.04 - Timing and Sequence of Discovery(a) Timing. Notwithstanding the provisions of Rules 26.02, 30.01, 31.01(a), 33.01(a), 36.01, and 45.01, parties may not seek discovery from any source before the parties have conferred and prepared a discovery plan as required by Rule 26.06(c) except in a proceeding exempt from initial disclosure under Rule 26.01(a)(2), or when allowed by stipulation or court order.(b) Early Rule 34 Requests.(1)Time to Deliver. More than 21 davs after the summons and complaint are served on a party, a request under Rule 34 mav be delivered: (A) to that party by any other party, and (B) by that party to any plaintiff or to any other party that has been served.(2) When Considered Served. The request is considered to have been served when the parties have conferred and prepared a discovery plan as required by Rule 26.06(c)(c) Sequence. Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or crtherwise, shall not operate to delay any other party's discovery.(d) Expedited Litigation Track. Expedited timing and modified content of certain disclosure and discovery obligations may be required by order of the supreme court adopting special rules for the pilot expedited civil litigation track.Amended effective 7/1/2013; amended effective 7/1/2018.Advisory Committee Comment-2018 Amendments
Rule 26.04 is amended to adopt a change made to Fed R. Civ. P. 26(d) in 2015, which allows the service ofRtde 34 requests before other discovery is permitted. The rule permits a party responding to the request additional time to prepare an appropriate response, but does not compel earlier response or production. The service of an earlier request may also provide earlier notice to a party of the need to preserve evidence for use in the case, and thus eliminate some disputes over spoliation of evidence. The effect of the rule is to authorize earlier service of Rule 34 requests but the rule does not allow a serving party to accelerate the response deadline by doing so.