R. 4:103-2. — Initial Conference of the Parties

a. Conference Timing. Except in a proceeding exempted from initial disclosure under R. 4:103-1(b)(1) 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 R. 4:103-3(a). Such conference shall take place notwithstanding any dispositive motion that may be pending.

b. Conference Content; Parties’ Responsibilities. In conferring, the parties must (1) consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; (2) make or arrange for the disclosures required by R. 4:103-1(a)(1); (3) discuss any issues about preserving discoverable information; and (4) develop a proposed discovery plan. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan. The court may order the parties or attorneys to attend the conference in person.

c. Discovery Plan. A discovery plan must state the parties’ views and proposals on:

1. what changes should be made in the timing, form, or requirement for disclosures under R. 4:103-1(a), including a statement of when initial disclosures were made or will be made;

2. the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues;

3. any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;

4. any issues about claims of privilege or of protection as trial preparation materials, including - if the parties agree on a procedure to assert these claims after production - whether to ask the court to include their agreement in an order under R. 4:10-2(c);

5. what changes should be made in the limitations on discovery imposed under these rules, and what other limitations should be imposed; and

6. any other orders that the court should issue under R. 4:10-3 or under R. 4:103-3(b) and (c).