Local Rule LCvR 5.2: FILING OF DISCOVERY REQUESTS AND RESPONSES

LCvR 5.2 FILING OF DISCOVERY REQUESTS AND RESPONSES

(a) NONFILING OF DISCOVERY MATERIALS.

Except as otherwise provided by this Rule, interrogatories, depositions, requests for documents, requests for admissions, and answers and responses thereto shall be served upon other counsel and parties but shall not be filed with the Clerk until they are used in the proceeding or upon order of the Court as required below. The party responsible for service of the discovery material shall retain the original and become its custodian and, with respect to depositions, the deposing party shall retain the original deposition and become its custodian and shall make it available for inspection by any party to the action upon request. The Court may in its discretion order that all or any portion of discovery materials in a particular case be filed with the Clerk.

(b) FILING OF DISCOVERY MATERIALS WITH MOTIONS AND AT TRIAL.

Any motion concerning discovery matters shall be accompanied by a copy of, or shall set forth verbatim, the relevant portion of any nonfiled discovery materials to which the motion is addressed. Discovery materials may be used and filed as exhibits or evidence in support of any motion or at a trial or evidentiary hearing in accordance with the Federal Rules of Evidence.

(c) FILING FOR PURPOSE OF APPEAL.

When discovery materials not previously in the record are needed for the purpose of an appeal, they may be filed with the Clerk by stipulation of counsel or upon application to and order of the Court.