Local Rule DUCivR 37-1: DISCOVERY DISPUTES
D. Utah — Civil rule
DUCivR 37-1 DISCOVERY DISPUTES
(a) Resolution Without Court Assistance.
(1) The parties must make reasonable efforts to resolve a discovery dispute arising under Fed. R. Civ. P. 26 through 37 before seeking court assistance.
(2) At a minimum, those efforts must include a prompt written communication sent to the opposing party:
(A) identifying the discovery disclosure or request at issue, the response, and specifying why the response or objection is inadequate; and
(B) requesting to meet and confer, either in person or by telephone, and include suggested dates and times.
(b) Short Form Discovery Motion.
(1) If the discovery dispute remains after reasonable efforts, and the parties need a court order to resolve the dispute, the parties (either individually or jointly) must file a Short Form Discovery Motion, which should not exceed 500 words exclusive of caption and signature block.
(2) The motion must:
(A) include a certification that states—
(i) the parties made reasonable efforts to reach agreement on the disputed matters;
(ii) the date, time, and method of the reasonable efforts; and
(iii) the names of all participating parties or attorneys;
(B) include as the only exhibits to the motion a copy of the disputed discovery request and any response; and
(C) be filed no later than 45 days after the prompt written communication in section 37-1(a)(2) was sent to opposing counsel, unless the court grants an extension of time for good cause. Failure to meet the deadline may result in automatic denial of the motion.
(3) The opposing party must file its response 5 business days4 after the filing of the motion, unless the court orders otherwise. The response must not exceed 500 words, exclusive of caption and signature block and must not include any additional exhibits.
4 This provision is not subject to the addition of 3 days provided by Fed. R. Civ. P. 6(d).
(4) At the time of filing a motion or response, each party must email to chambers and the opposing party a proposed order in a word processing format.
(5) To resolve the dispute, the court may:
(A) set a hearing without waiting for a response to the motion;
(B) decide the motion after the opposing party has had an opportunity to respond, either at a hearing or in writing; or
(C) request additional briefing and set a briefing schedule.
(6) A party may request leave to file an overlength short form discovery motion or response consistent with DUCivR 7-1.
(7) A motion to quash a subpoena or a motion related to the standard protective order is exempt from the Short Form Discovery Motion requirements above and must follow DUCivR 7-1(a)(4)(D).
(c) Expedited Consideration.
When filing its motion in CM/ECF, the moving party must first select the "Short Form Discovery" event and then select "Expedite."
(d) Discovery Dispute Conference.
The parties may request that the court conduct a discovery dispute conference by contacting chambers or filing a stipulated one-page motion requesting a discovery dispute conference, which includes suggested dates and times the parties are available.
(e) Deposition Dispute.
This rule does not apply to disputes arising during a deposition. Those disputes, including those that arise under Fed. R. Civ. P. 30(d)(3), may be resolved by contacting the assigned judge by phone.
(f) Objection to Magistrate Judge's Discovery Ruling.
(1) Fed. R. Civ. P. 72(a) and DUCivR 72-2 govern objections to the magistrate judge's oral or written discovery ruling.
(2) When filing an objection, the party must seek expedited treatment.