What You Need to Know About the Mandatory Initial Discovery Pilot Project

7/19/2017 | Josh Markarian | TERIS

With the Mandatory Initial Discovery Pilot Project (MIDP) having come into effective May 1st, 2017, there are some key requirements that should become familiarized with anyone entering into a litigation suit.

The MIDP is set to run for three years to determine “whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery will reduce the cost and delay of civil litigation” and has been implemented in both Arizona and Illinois federal courts.

The requirements for the MIDP can be summarized as:

1. Any party seeking affirmative relief must serve a copy of the Notice to the Parties of Mandatory Initial Discovery Pilot Project

2. Parties are ordered to provide mandatory initial discovery responses before initiating any further discovery

3. Parties must provide both favorable and unfavorable facts regardless of their intent to use the information

4. Responses to mandatory initial discovery is required in the 30 days after first pleading was filed

5. Parties must respond to the following Court-issued discovery requests without awaiting discovery requests from the opposing parties.

6. ESI identified for production is required 40 days after serving initial response.

The premise of this project is that the early sharing of information that is commonly provided will possibly lead to early resolution of matters before additional legal fees incur.


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