The California Discovery Act allows a Plaintiff to serve written discovery on the defendant as soon as ten days after service of the summons and complaint. (See, e.g., Code of Civil Procedure § 2030.020 [interrogatories].) But if you find yourself in federal court, not so fast.

Absent leave from the District Court, you cannot propound written discovery or take any depositions until after the parties and court have participated in the mandatory FRCP 26(f) conference among counsel. FRCP 26(f) requires parties to confer “as soon as practicable”—and no later than 21 days before the first scheduling conference, which is normally 90 days after defendant’s appearance or 120 days after service. The parties must discuss their claims and defenses, possible settlement, a discovery plan, and required initial disclosures. Only after meeting and conferring can the parties begin taking discovery in the form of depositions, interrogatories, etc. Additionally, each party’s initial disclosures are due within 14 days after the Rule 26(f) early conference. (FRCP 26(a)(1)(C).)

In federal court, a party can obtain discovery before the FRCP 26(f) conference only by court order and for good cause. Expedited discovery may be appropriate, for example, where a party seeks injunctive relief or where physical evidence may be consumed or destroyed.