Civil procedure: discovery

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Library edition words from Federal Rules of Civil Procedure

The key parts of Rules 26 to 37: disclosures, scope, work product, depositions, interrogatories, requests and sanctions.

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Words from
Federal Rules of Civil Procedure (as amended to Dec. 1, 2025). Enacted law, free to use.
Edition
Federal Rules of Civil Procedure, as amended to Dec. 1, 2025 (House Judiciary Committee print)
Checked
Word for word against the source, on 17 October 2026.
How it was made
Each card is a rule’s own words, under its number and heading; a list becomes the card’s items.Words split across lines are joined, an item’s closing “; and” is dropped, and the print’s two single quotation marks are set as one double mark.
Edited by
Aheadso chose the cards and set them out.Every word on them is the source’s.
On the shelf
Law, Civil procedure · 37 cards · 7 topics

The cards

  1. FRCP 26Duty to Disclose; General Provisions Governing Discovery
  2. FRCP 26(a)(1)(A): Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties
    1. 1the name and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment
    2. 2a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment
    3. 3a computation of each category of damages claimed by the disclosing party—who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered
    4. 4for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment
  3. FRCP 26(b)(1): Unless otherwise limited by court order, the scope of discovery is as follows: 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, considering
    1. 1the importance of the issues at stake in the action
    2. 2the amount in controversy
    3. 3the parties’ relative access to relevant information
    4. 4the parties’ resources
    5. 5the importance of the discovery in resolving the issues
    6. 6whether the burden or expense of the proposed discovery outweighs its likely benefit
    Information within this scope of discovery need not be admissible in evidence to be discoverable.
  4. FRCP 26(b)(2)(C): On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed by these rules or by local rule if it determines that
    1. 1the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive
    2. 2the party seeking discovery has had ample opportunity to obtain the information by discovery in the action
    3. 3the proposed discovery is outside the scope permitted by Rule 26(b)(1)
  5. FRCP 26(b)(3)(A): Documents and Tangible Things
    1. 1they are otherwise discoverable under Rule 26(b)(1)
    2. 2the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means
    Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (including the other party’s attorney, consultant, surety, indemnitor, insurer, or agent). But, subject to Rule 26(b)(4), those materials may be discovered if:
  6. FRCP 26(b)(3)(B): Protection Against DisclosureIf the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative concerning the litigation.
  7. FRCP 26(b)(4)(D): Expert Employed Only for Trial Preparation
    1. 1as provided in Rule 35(b)
    2. 2on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means
    Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial. But a party may do so only:
  8. FRCP 26(b)(5)(A): When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial-preparation material, the party must
    1. 1expressly make the claim
    2. 2describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim
  9. FRCP 26(c)(1): In General
    1. 1forbidding the disclosure or discovery
    2. 2specifying terms, including time and place or the allocation of expenses, for the disclosure or discovery
    3. 3prescribing a discovery method other than the one selected by the party seeking discovery
    4. 4forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters
    5. 5designating the persons who may be present while the discovery is conducted
    6. 6requiring that a deposition be sealed and opened only on court order
    7. 7requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way
    8. 8requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the court directs
    A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending—or as an alternative on matters relating to a deposition, in the court for the district where the deposition will be taken. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
  10. FRCP 26(e)(1): A party who has made a disclosure under Rule 26(a)—or who has responded to an interrogatory, request for production, or request for admission—must supplement or correct its disclosure or response
    1. 1in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing
    2. 2as ordered by the court
  11. FRCP 26(f)(1): Conference TimingExcept in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable—and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
  12. FRCP 30Depositions by Oral Examination
All 37 cards
  1. FRCP 30(a)(1): Without LeaveA party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent’s attendance may be compelled by subpoena under Rule 45.
  2. FRCP 30(a)(2): A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2)
    1. 1if the parties have not stipulated to the deposition and: (i) the deposition would result in more than 10 depositions being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, or by the third-party defendants; (ii) the deponent has already been deposed in the case; or (iii) the party seeks to take the deposition before the time specified in Rule 26(d), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave the United States and be unavailable for examination in this country after that time
    2. 2if the deponent is confined in prison
  3. FRCP 30(b)(6): Notice or Subpoena Directed to an OrganizationIn its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination. A subpoena must advise a nonparty organization of its duty to confer with the serving party and to designate each person who will testify. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.
  4. FRCP 30(c)(2): ObjectionsAn objection at the time of the examination—whether to evidence, to a party’s conduct, to the officer’s qualifications, to the manner of taking the deposition, or to any other aspect of the deposition—must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection. An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3).
  5. FRCP 30(d)(1): DurationUnless otherwise stipulated or ordered by the court, a deposition is limited to one day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and
  6. FRCP 33Interrogatories to Parties
  7. FRCP 33(a)(1): NumberUnless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).
  8. FRCP 33(a)(2): ScopeAn interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.
  9. FRCP 33(b)(2): Time to RespondThe responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.
  10. FRCP 33(d): If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by
    1. 1specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could
    2. 2giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries
  11. FRCP 34Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
  12. FRCP 34(a): A party may serve on any other party a request within the scope of Rule 26(b)
    1. 1to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control: (A) any designated documents or electronically stored information—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or (B) any designated tangible things
    2. 2to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it
  13. FRCP 34(b)(2)(A): Time to RespondThe party to whom the request is directed must respond in writing within 30 days after being served or—if the request was delivered under Rule 26(d)(2)—within 30 days after the parties’ first Rule 26(f) conference. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.
  14. FRCP 34(b)(2)(C): ObjectionsAn objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.
  15. FRCP 35Physical and Mental Examinations
  16. FRCP 35(a)(1): In GeneralThe court where the action is pending may order a party whose mental or physical condition—including blood group—is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.
  17. FRCP 36Requests for Admission
  18. FRCP 36(a)(1): A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to
    1. 1facts, the application of law to fact, or opinions about either
    2. 2the genuineness of any described documents
  19. FRCP 36(a)(3): Time to Respond; Effect of Not RespondingA matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.
  20. FRCP 36(b): Effect of an Admission; Withdrawing or Amending ItA matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16(e), the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.
  21. FRCP 37Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
  22. FRCP 37(a)(1): In GeneralOn notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.
  23. FRCP 37(b)(2)(A): For Not Obeying a Discovery Order
    1. 1directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims
    2. 2prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence
    3. 3striking pleadings in whole or in part
    4. 4staying further proceedings until the order is obeyed
    5. 5dismissing the action or proceeding in whole or in part
    6. 6rendering a default judgment against the disobedient party
    7. 7treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination
    If a party or a party’s officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may issue further just orders. They may include the following:
  24. FRCP 37(c)(1): Failure to Disclose or Supplement
    1. 1may order payment of the reasonable expenses, including attorney’s fees, caused by the failure
    2. 2may inform the jury of the party’s failure
    3. 3may impose other appropriate sanctions, including any of the orders listed in Rule 37(b)(2)(A)(i)–(vi)
    If a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless. In addition to or instead of this sanction, the court, on motion and after giving an opportunity to be heard:
  25. FRCP 37(e): If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court
    1. 1upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice
    2. 2only upon finding that the party acted with the intent to deprive another party of the information’s use in the litigation may: (A) presume that the lost information was unfavorable to the party; (B) instruct the jury that it may or must presume the information was unfavorable to the party; or (C) dismiss the action or enter a default judgment

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