Answering a complaint starts the clock, but discovery doesn’t have to begin immediately. Learn how to protect your strategy by delaying discovery when necessary.

The Answer is just the start of litigation—but the moment you file, discovery often follows swiftly behind. For many defendants, this rapid onset of document requests, interrogatories, and depositions can be overwhelming—and costly. However, you can control when and how discovery begins with the right strategic approach.

In this article, Legal Husk discusses how to craft your Answer without triggering the full burden of discovery too early in the litigation process.

1. Understand the Timing of Discovery

✅ In most cases, once you file your Answer:

• Federal courts and many state courts automatically begin the discovery process.

• The Federal Rules of Civil Procedure (FRCP) and state codes typically require initial disclosures within 14–30 days after the Answer is filed (FRCP Rule 26).

🎯 But just because discovery begins doesn’t mean it has to be full-throttle.

2. Use Rule 26(f) Conferences to Delay Discovery

✅ In federal court, Rule 26(f) requires parties to meet and confer before the discovery process formally begins:

• Request a delay in scheduling if you need time to evaluate the case.

• Discuss alternative dispute resolution (ADR) options instead of immediate discovery.

• Propose a phased or tailored discovery plan, focusing on high-priority issues only.

🎯 Tip: If your case is complex or involves high litigation costs, propose a staggered discovery plan to control expenses.

3. Consider the Motion to Stay Discovery

✅ If you want to delay discovery entirely:

• File a Motion to Stay Discovery pending a motion to dismiss or summary judgment motion.

• In some cases, if your Answer challenges key issues (like jurisdiction, standing, or failure to state a claim), you can argue that discovery should not begin until the court rules on these motions.

🚫 Avoid unnecessary discovery costs and leverage the court's decision to potentially end the case early.

4. Use Protective Orders to Limit Discovery

✅ If discovery has already started but you wish to limit it:

• File a Protective Order (FRCP Rule 26(c)) to narrow the scope of discovery.

• You can limit the types of documents requested, restrict the number of depositions, or set a cap on time spent in discovery.

🎯 Protective orders allow you to control what gets disclosed and ensure that discovery doesn’t spill over into irrelevant areas.

5. Delay Discovery with a Motion for a More Definite Statement

✅ If the plaintiff’s complaint is vague or unclear:

• File a Motion for a More Definite Statement (FRCP Rule 12(e)) before answering the complaint.

• This can delay discovery by forcing the plaintiff to clarify their claims before you proceed.

Pro Tip: Use this motion strategically to force the plaintiff to better define their case, delaying both the Answer and discovery.

6. Responding to Requests for Admission Without Opening the Discovery Floodgates

✅ Be mindful of requests for admission (RFAs) during early stages:

• While RFAs aren’t technically discovery, responding to them can often trigger the need for more extensive document production or depositions.

• Only answer RFAs that are directly relevant to your defense—avoid answering speculative or overly broad admissions.

🎯 Use RFAs strategically to shape the issues in the case without opening the floodgates of formal discovery.

7. Use Discovery Control to Your Advantage

✅ While discovery is a vital part of litigation, it’s also expensive and time-consuming. Here’s how to control the process:

• Ensure discovery is proportional to the needs of the case (FRCP Rule 26(b)(1)).

• Agree on reasonable limits—e.g., number of interrogatories, length of depositions, or scope of document production.

🎯 Effective discovery control can prevent unnecessary delays and cost overruns, allowing you to focus on stronger strategic moves.

Sample Scenario: Delaying Discovery in a Complex Contract Dispute

A defendant in a large-scale contract dispute seeks to delay discovery after filing an Answer:

• Motion to Stay Discovery is filed, requesting delay until a ruling on a Motion to Dismiss for lack of standing.

• Defendant offers to meet and confer on a tailored discovery plan after the court rules.

• In the meantime, Protective Orders are issued to limit the scope of document requests.

Result: Discovery is delayed for several months, giving the defendant time to evaluate and potentially settle the case before expensive depositions begin.

Final Thoughts

While discovery is a necessary part of litigation, it doesn’t have to begin the moment your Answer is filed. With careful planning and strategic motions, you can delay discovery to give you more time to evaluate the case, negotiate settlements, or even eliminate certain claims from the case altogether.

At Legal Husk, we help attorneys leverage strategic delays to ensure that discovery works in your favor—not against you.

Let Legal Husk Help You Delay Discovery Tactically

Need help navigating the complexities of discovery timing or filing motions to stay discovery? Legal Husk helps you make smart, strategic decisions about when and how to engage with discovery.

📌 Need assistance controlling the discovery process?

👉 Visit:
🔗 legalhusk.com
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Strategic delays. Smart discovery. Legal Husk.

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Ready for a court-ready Answer at a predictable price? Contact Legal Husk and let us draft your next litigation response with precision and clarity.