Local Rule Rule 26.1: Discovery — E.D.N.C.

Rule 26.1 Discovery

(a) Discovery Materials Not to Be Filed Unless Ordered or Needed.

Discovery materials, including but not limited to disclosures and objections required under Fed. R. Civ. P. 26, depositions upon oral examination and interrogatories, requests for documents, notices to take a deposition, expert witness designations, expert witness reports, requests for admissions, and answers and responses thereto, are not to be filed unless by order of the court or for use in the proceedings. All such papers must be served on the other parties entitled to service of papers filed with the clerk. The party taking a deposition or obtaining any material through discovery is responsible for its preservation and delivery to the court if needed or so ordered.

(1) Medical Records. When filed in accordance with subsection (a), copies of medical records shall not be open to inspection or copying by any persons except the parties and their attorneys. Thus, any medical records must be accompanied by a motion to seal as provided in Local Civil Rule 79.2.

(2) Final Pretrial Disclosures. A party shall satisfy the requirement to file disclosures and objections thereto under Fed. R. Civ. P. 26(a)(3) solely by including the information required by Local Civil Rule 16.1(b)(1) in the proposed final pretrial order.

(b) Conducting Discovery.

In all civil actions, the parties shall schedule and conduct discovery in accordance with the order entered pursuant to Fed. R. Civ. P. 16. All discovery shall be served so as to allow the respondent sufficient time to answer prior to the time when discovery is scheduled to be completed. To shorten discovery time, it is expected that discovery procedures will proceed concurrently. After the time for completing discovery has expired, further discovery may proceed only by order of the court and shall not interfere with the conduct of either the final pretrial conference or the trial.

Each time a particular discovery procedure is used, it shall be sequentially numbered (e.g., "First Set," "Second Set," "First Request," "Second Request," etc.) so that it will be distinguishable from any prior procedures.

(d) Discovery Disputes – Expedited Briefing Schedule.

Any motion relating to a discovery dispute shall be handled on an expedited basis:

(1) Memoranda in support of or in opposition to a discovery motion shall not exceed the length limit stated in Local Civil Rules 7.2(f)(2)(B) and 7.2(f)(3)(B) and shall otherwise comply with Local Civil Rules 7.1(c) and 7.2.

(2) Responses and accompanying documents relating to discovery motions shall be filed within 14 days after service of the motion in question, unless otherwise ordered by the court.

(3) Replies are not permitted in discovery disputes. See also Local Civil Rule 7.1(g)(2).

(4) In any instance in which oral argument is scheduled, the parties may be given the option of oral presentation by telephone in lieu of a live appearance.

(e) Other Discovery Matters.

(1) Through appropriate written discovery, a party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment that may be entered in an action or to indemnify or reimburse any party for payments made to satisfy the judgment. The discovery permitted shall include inspection and copying of any such agreements pursuant to Fed. R. Civ. P. 34. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this subparagraph, an application for insurance shall not be treated as part of an insurance agreement.

(2) In accordance with Fed. R. Civ. P. 16(b), this court will routinely issue an order for a discovery plan and will thereafter enter a scheduling order. The planning meeting required by Fed. R. Civ. P. 26(f) and the report contemplated by said rule are a mandatory part of the process of formulating a scheduling order. A report in accordance with the following form shall be sufficient to comply with Fed. R. Civ. P. 26(f), although the parties may include greater detail or additional topics. If the parties cannot agree on a joint report, each party shall file a separate Rule 26(f) report setting forth its position on disputed matters. In cases in which mediation is not mandatory pursuant to Local Civil Rule 101.1a, the parties may include in their report an agreement to mediate and a proposed timetable for conducting that mediation.

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA ___________ DIVISION No. __:_____-CV-___-__ JANE T. SMITH, Plaintiff, v. AARON R. JONES et al., ) ) ) ) ) ) ) ) REPORT OF THE PARTIES' PLANNING MEETING Fed. R. Civ. P. 26(f)

Defendants. ) )

1. The following persons participated in a Rule 26(f) conference on <Date> by <State the method of conferring>:

<Name>, representing the <plaintiff> <Name>, representing the <defendant> 2. Initial Disclosures. The parties [have completed] [will complete by <Date>] the initial disclosures required by Rule 26(a)(1).

3. Discovery Plan. The parties propose this discovery plan:

(a) Discovery will be needed on these subjects: <Describe>. (b) <Dates for commencing and completing discovery, including discovery to be commenced or completed before other discovery.> (c) <Maximum number of interrogatories by each party to another party, along with the dates the answers are due.> (d) <Maximum number of requests for admission, along with the dates responses are due.> (e) <Maximum number of depositions by each party.> (f) <Limits on the length of depositions, in hours.> (g) <Dates for exchanging reports of expert witnesses.> (h) <Dates for supplementations under Rule 26(e).> (i) <Any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced.> (j) <Any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after production—whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502.> 4. Other Items:

(a) <A date if the parties ask to meet with the court before a scheduling order.> (b) <Requested dates for pretrial conferences.> (c) <Final dates for the plaintiff to amend pleadings or to join parties.> (d) <Final dates for the defendant to amend pleadings or to join parties.> (e) <Final dates to file dispositive motions.> (f) <State the prospects for settlement.> (g) <Identify any alternative dispute resolution procedure that may enhance settlement prospects and the timing of such procedure.> (h) <Final dates for submitting Rule 26(a)(3) witness lists, designations of witnesses whose testimony will be presented by deposition, and exhibit lists.> (i) <Final dates to file objections under Rule 26(a)(3).> (j) <Suggested trial date and estimate of trial length.> (k) <Other matters.> Date: <Date> <Signature of the attorney or unrepresented party> ________________________________________ <Printed name> <Address> <E-mail address> <Telephone number> Date: <Date> <Signature of the attorney or unrepresented party> ________________________________________ <Printed name> <Address> <E-mail address> <Telephone number>

← All Local Rules Official Court Website