Local Rule CVLR 37: Abuse of or Failure to Make Discovery: Sanctions
D. Guam — Civil rule
CVLR 37 Abuse of or Failure to Make Discovery: Sanctions
(a) Conference Required. The Court will not entertain any motion pursuant to Fed. R. Civ. P. 26 through 37, including any request for expedited discovery assistance pursuant to CVLR37(c), unless counsel have previously conferred or attempted to confer, either in person or by telephone, concerning all disputed issues, in a good faith effort to limit the disputed issues and, if possible, eliminate the necessity for a motion or expedited discovery assistance.
(b) Certificate of Compliance. When filing any motion with respect to Fed. R. Civ. P. 26 through 37, or a letter brief in accordance with CVLR 37(c), counsel for the moving party shall certify compliance with this rule.
(c) Expedited Discovery Assistance.
(1) Counsel may seek resolution of disputed discovery issues expeditiously and economically. This expedited procedure is intended to afford a swift but full opportunity for the parties to present their position through abbreviated, simultaneous briefing and, when appropriate, a conference. Counsel desiring such assistance shall contact opposing counsel to arrange a mutually agreeable deadline for the submission of letter briefs. Should counsel be unable to agree upon a deadline, counsel may contact the Clerk's Office who will assign a deadline for letter briefs. Counsel who obtains a deadline from the Clerk's Office shall inform opposing counsel of the assigned deadline.
(2) Letter briefs by all parties shall be filed and served on opposing counsel by the deadline. The letter brief shall contain all relevant information, including: confirmation of the deadline for the submission of letter briefs; dates of discovery cut-off, and trial; and a discussion of the dispute. If a party opposes the use of this expedited procedure, such opposition should be included in the letter brief. Unless otherwise ordered by the Court, the letter briefs shall be five pages or less, inclusive of all exhibits.
(3) Upon receipt of the letter briefs, the Magistrate Judge shall determine a procedure for resolving the dispute. Should a conference be required, the courtroom deputy of the Magistrate Judge shall schedule such a conference and shall specify whether counsel must attend in person or by telephone.
(d) In a motion to compel discovery, only pertinent interrogatories, requests for production, or requests for admissions, and answers or objections shall be set forth.