Local Rule 26.03: Rule 26(f) Report
D.S.C. — Civil rule
26.03: Rule 26(f) Report.
(A) Content. In addition to the requirements set forth in Fed. R. Civ. P. 26(f) for a report to the court, the parties shall include the following information in their Rule 26(f) report that shall be filed with the court:
(1) A short statement of the facts of the case.
(2) The names of fact witnesses likely to be called by the party and a brief summary of their expected testimony.
(3) The names and subject matter of expert witnesses (if no witnesses have been identified, the subject matter and field of expertise should be given as to experts likely to be offered).
(4) A summary of the claims or defenses with statutory and/or case citations supporting the same.
Generic references to the "general common, statutory or regulatory law" of the relevant jurisdiction will not be deemed an adequate response. Neither are lengthy discussions of commonly applied claims and defenses required. For most causes of action or defenses, a single citation to a single statute or case establishing the elements will suffice.
(5) Absent special instructions from the assigned judge, proposed dates for the following deadlines listed in Local Civ. Rule 16.02 (D.S.C.):
(a) Exchange of Fed. R. Civ. P. 26(a)(2) expert disclosures.
(b) Completion of discovery.
(6) Any special circumstances that would affect the time frames applied in preparing the scheduling order. See generally Local Civ. Rule 16.02(C) (D.S.C.) (Content of Scheduling Order).
(7) Any additional information requested in the Pre-Scheduling Order (Local Civ. Rule 16.01 (D.S.C.)) or otherwise requested by the assigned judge.
(B) Form of Submission. The parties are encouraged to submit a joint Fed. R. Civ. P. 26(f) report, but joint reports are not required. Any separate report shall be served on all parties.
(C) Exemptions. Absent order to the contrary, this rule shall not apply to the categories of action listed in Fed. R. Civ. P. 26(a)(1)(B) as those actions are exempt from the Fed. R. Civ. P. 26(f) conference and report requirements.
(D) Report Without Conference. In any action in which the parties are exempted from the Fed. R. Civ. P. 26(f) conference requirement, but in which the court seeks information in the form of a Fed. R. Civ. P. 26(f) report as supplemented by the requirements of this rule, the parties shall respond to any query relating to agreement of the parties by stating their position as to the subject matter of the query. See generally Local Civ. Rule 16.00(B) (D.S.C.) (addressing special procedures in pro se actions).