(1) The parties may agree to an early planning discovery conference, the judge may order the parties to hold an early planning discovery conference, or a party may petition the court for an early planning discovery conference. The conference may be held in the county in which the action is pending or at such other place or by such other means as agreeable to the court. A discovery conference may be held by telephone, by video conference, or in person, or a combination thereof, unless the court orders the parties to attend in person. During an early planning discovery conference, the parties shall:
a. Consider the nature and basis of the parties’ claims and defenses and the possibilities of settling the case;b. Resolve any issues regarding the scope of preservation of information; c. Discuss the preparation of a discovery plan; andd. Discuss any such issues as are relevant to the case. (2) After an early planning discovery conference, the parties may submit an agreed upon discovery plan within 14 days of the meeting and may request a conference with the court regarding the plan. Unless the parties agree otherwise, the attorney for the plaintiff shall be responsible for submitting the discovery plan to the court. The discovery plan may include:
a. A statement of the issues in the case and a brief factual outline;b. A schedule of discovery including discovery of electronically stored information; c. A defined scope of preservation of information and appropriate conditions for terminating the duty to preserve prior to the final resolution of the case; d. The format by which electronically stored information will be produced; and e. Sources of any stored information that is not reasonably accessible because of undue burden or cost. (3) If a discovery plan is not agreed upon, the parties may submit to the court within 14 days of the meeting a joint report indicating the agreed upon parts of the discovery plan and the position of each party on the parts upon which they disagree. The court shall confer in an appropriate manner with the parties to resolve any outstanding issues.
