Local Rule LR 26.2: Discovery Disputes

LR 26.2 - Discovery Disputes a. Procedures for Minor Disputes. The procedures described in the following subsections are intended to assist the parties in resolving minor discovery disputes. While they do not replace regular motion practice which addresses significant and substantial discovery disputes, parties are encouraged to use the procedures in subsections (1)-(4) to resolve most discovery disputes. 1. Meet and Confer. A party with a discovery dispute must first meet and confer with the opposing party in a good-faith effort to resolve by agreement the issues in dispute. Whenever possible, counsel will meet in person. If meeting in person is not possible then counsel will confer by telephone. Under no circumstances may counsel satisfy the obligation to meet and confer by e-mail or other written correspondence. 2. Conference with Court. At the option of the moving party or the Court, a discovery dispute may be resolved by conference with the Court. If the meet and confer is unsuccessful, the parties may promptly contact chambers and request a telephone conference with a judicial officer. The request carries with it a professional representation by the lawyer that a meet and confer has taken place. The recording of telephone conferences with the Court is prohibited, except with prior permission of the Court. The lawyers or unrepresented parties will supply the judicial officer with the particular discovery materials (such as objectionable answers to interrogatories) that are needed to understand the dispute. 3. Disputes Arising During Depositions. If the dispute arises during a deposition regarding an issue of privilege, enforcement of a court-ordered limitation on evidence, or pursuant to Fed. R. Civ. P. 30(d), counsel may contact chambers. If the judge is unavailable, counsel will mark the deposition at the point of the dispute and continue with the deposition. Thereafter, counsel will meet and confer regarding all disputed issues. If counsel have not resolved their disputes through the meet and confer process, they may proceed in accordance with LR 26.2(a)(4) or 26.2(b). 4. Written Motion. A. At the option of the moving party or the Court, discovery disputes may be decided on oral motion, or on the basis of memoranda not to exceed two typewritten, double-spaced pages. The Court will act promptly upon a motion so made. Such action may include a ruling upon the motion, or such other orders as may be appropriate, including but not limited to an order requiring the parties to file additional briefs and granting additional time to respond. The moving party is responsible for coordinating the date and time of the hearing with the Court and opposing parties. The Court will, upon oral or written motion, resolve any disputes regarding the date and time of the hearing. B. Written discovery motions must include a statement by the propounding party as to why the discovery is within the scope of Fed.R.Civ.Pro. 26(b)(1), and must quote in full each interrogatory, question at deposition, request for admission or request for production to which the motion is addressed, or otherwise identify specifically and succinctly the discovery to which objection is taken or from which a protective order is sought; and the response or objection and grounds therefor, if any, as stated by the opposing party. Unless otherwise ordered by the Court, the complete transcripts or discovery documents need not be filed with the Court unless the motion cannot be fairly decided without reference to the complete original.

b. Significant Discovery Disputes. In the event of a significant and substantial discovery dispute that cannot be adequately addressed by the subsections above, the procedures set forth in LR 7.1 will be followed.