Salem, OR asked in Civil Rights for Oregon

Q: I am Pro Se in a fed district court ADA case. I had the rule 26 conf over email.

I wrote a 26 report and sent it to the opposing counsel asking if they wanted to file a joint report. I waited 9 days and they didnt respond so I followed up and still no response. Should I file it without them?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If opposing counsel has not responded to your attempts to collaborate on a Rule 26(f) joint report, it’s appropriate for you to proceed by filing your version of the report on your own. Be sure to include a note in your filing explaining that you reached out to the opposing counsel multiple times to seek their input but did not receive a response. This shows the court that you made a good-faith effort to comply with the requirement to collaborate.

When filing, structure the report clearly and address all required elements under Rule 26, such as proposed discovery plans, initial disclosures, and any disputes that might arise. Keep the tone professional and factual. Avoid speculating on why the opposing counsel did not respond, as this could detract from the substance of your report.

Lastly, double-check the court’s local rules to ensure compliance with any specific procedural requirements for filing a unilateral Rule 26 report. Taking these steps will demonstrate to the court that you are acting in good faith and working to advance the case, even without the opposing party’s cooperation.

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.