Local Rule LBR 7026-2: Responses to Discovery Requests

LBR 7026-2. Responses to Discovery Requests

(a) Discovery requests served pursuant to Fed. R. Civ. P. 33, 34, and 36 shall be in a form providing sufficient space to respond following each request.

(b) Responses to discovery requests pursuant to Fed. R. Civ. P. 33, 34, and 36 shall set forth the interrogatory or request in full before the response. Each objection shall be followed by a statement of the reasons therefor. Boilerplate and generalized objections are not permitted.

(c) A motion to compel discovery shall set forth only the pertinent interrogatories, requests for production, or requests for admissions, and answers or objections.

(d) When a claim of privilege is made in response to any discovery request pursuant to Fed. R. Civ. P. 33, 34, or 36, unless otherwise agreed to by the parties, the materials or information claimed to be privileged shall be identified with reasons stated for the particular privilege claimed. No generalized claim of privilege shall be allowed. An assertion of privilege or work product should, on a schedule agreed to by the parties or ordered by the court, contain the following for each document, communication, or piece of information withheld:

(1) Date of the creation of the document;

(2) Author;

(3) Primary addressee(s) and the relationship of that person(s) to the client and/or author of the document;

(4) Secondary addressee(s) and the relationship of that person(s) to the client and/or author of the document;

(5) Type of document;

(6) Client (party asserting the privilege);

(7) Subject matter of the document or privileged communication;

(8) Basis for the legal claim of privilege, work product, or other objection to production; and

(9) Document identifier (e.g., Bates number).

(e) Depositions - Completion of Discovery. For the purpose of determining compliance with discovery deadlines, a deposition is completed when the examination of the witness is finished (even if the deposition has not yet been transcribed), and interrogatories, requests for production of documents and things, and requests for admissions are completed when the response thereto is due in accordance with the request and applicable rule.