If I am the plaintiff and do not agree to file a joint report, but file my own report, as that is allowed. Do I have to serve my rule 26(f) report on the defendant? Or can I just file it with the court itself?Does anyone know about federal civil case law as to Rule 26 (f) in a federal civil case?
Where do you suppose a separate report is permitted? FRCivP 26(f) calls for a joint report unless otherwise permitted under Local Rule or special court order.
The report can reflect the disagreement between the parties about any of the preliminary proceedings. If your adversary is refusing to sign a report that is true and accurate, then you need to be careful because they could be setting you up as a ';typical pro se kook'; who does not wish to cooperate.
You have got to come across flexible and willing to participate in the pretrial process. You should write up your own proposed joint report and mail it to the other side with an invitation for them to mark it up to show the points of disagreement; or, if they served a draft report on you, then make a copy and mark the copy with your comments and concerns.
Be reasonable or the court will dismiss your case.
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