Local Rule 7026–1: DISCOVERY — GENERAL

7026–1 DISCOVERY — GENERAL

(a) Cooperation and Consultation. Discovery proceedings shall be promptly commenced. All attorneys and any party appearing pro se are required to cooperate and consult with each other in a courteous manner in all matters related to discovery and shall freely exchange discoverable information and documents upon informal written request, whether or not a pretrial conference has been scheduled or held in a proceeding. No objections, motions, applications or requests related to discovery disputes shall be filed pursuant to the provisions of Rules 7026 through 7037 unless extrajudicial means for the resolution of the discovery dispute have been exhausted. Without other compelling factors, discovery should not be delayed as a result of a dispute involving the payment or allocation of the costs of discovery.

(b) Discovery Disputes.

(1) .Informal Conference. After extrajudicial means for the resolution of differences about discovery have been exhausted, in lieu of filing a motion pursuant to the provisions of Rules 7026 through 7037, any party may first seek an informal telephone conference with the judge assigned to the case. Any party may call the presiding judge's chambers to arrange an informal telephone conference with the judge. To address an urgent discovery dispute arising during a deposition, all counsel of record must be on the call or in a room with the caller and a speaker phone.

(2) . Filing a Motion to Compel or Motion for Protective Order. To the extent that extrajudicial means have not resolved a discovery dispute, a party seeking discovery or a protective order may proceed with the filing of may file a motion to compel discovery or a motion for a protective order. Such a motion shall be accompanied by a supporting memorandum and an affidavit of the attorney setting forth what extrajudicial means have been attempted to resolve the discovery dispute, including a statement that the movant has met in person or by telephone with the opposing attorney, or has offered in writing to meet in person or by telephone with the opposing attorney on one or more specific dates and the offer has been refused, or that the movant has not received a written response to the offer. Only those specific portions of the discovery requests, or materials reasonably necessary to a resolution of the motion, shall be included with the motion. Opposition to any motion filed pursuant to this Local Rule shall be filed within seven (7) days of the filing of the motion for protective order or motion to compel discovery. Any reply memorandum shall be filed within seven (7) days of the filing of any memorandum in opposition. The court may enter an appropriate award of expenses or impose appropriate sanctions in connection with the determination of such motions on the motion of a party or on its own motion.

(c) Interrogatories and Requests for Admission. Separate interrogatories and requests for admission, in each instance, shall be followed by a space of at least one inch in which an answer or response can be inserted. Answers to interrogatories and requests for admission, in each instance, shall be preceded by the text of the interrogatory or the request.

(d) Rule 26(f) Fed.R.Civ.P. Discovery Plan. The parties' completion of Section VI of LBR Form 7016–1 — PPS shall constitute compliance with Rule 26(f) Fed.R.Civ.P. regarding the preparation of a discovery plan.