Local Rule 26.04: Pretrial Discovery for Civil Actions Exempted From Fed. R. Civ. P. 26(a)(1)

26.04: Pretrial Discovery for Civil Actions Exempted From Fed. R. Civ. P. 26(a)(1). Pretrial discovery in all civil cases that are exempt under Fed. R. Civ. P. 26(a)(1)(B) must be completed within a period of ninety (90) days following the joinder of issues unless otherwise ordered. If any expert witnesses will be called, Fed. R. Civ. P. 26(a)(2) disclosures shall be made at least twenty-eight (28) days before the close of discovery. Fed. R. Civ. P. 26(a)(3) disclosures shall be completed as set forth in that federal rule. No otherwise applicable deadline is waived absent order to that effect.

Cases listed in Fed. R. Civ. P. 26(a)(1)(B) are expressly exempted from (1) the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1); (2) the conference and report requirements of Fed. R. Civ. P. 26(f); and (3) the related Fed. R. Civ. P. 26(d) bar on discovery before the conference. Numerous other deadlines set by federal and local rule (e.g., Fed. R. Civ. P. 26(a)(2)-(3) and Local Civ. Rule 26.05 (D.S.C.)) remain in effect absent order to the contrary. See generally Local Civ. Rule 16.02(C) (D.S.C.) (listing most federal and local rule deadlines).

In other appropriate cases not covered by Fed. R. Civ. P. 26(a)(1)(B), the court may, by order, waive some or all of the otherwise applicable requirements and direct the parties to proceed under this rule. See Local Civ. Rule 16.00 (D.S.C.) (discussing non-exempt pro se actions).