Local Rule Rule 26.1: Discovery

Rule 26.1 Discovery

(a) Discovery requests and materials and deposition notices and requests served pursuant to Federal Rules of Civil Procedure 30, 31, 33, 34, and 36 shall not be filed with the court. The party serving the discovery material or taking the deposition shall retain the original and be the custodian of it.

(b) Every motion pursuant to the Federal Rules of Civil Procedure governing discovery shall identify and provide, verbatim, the relevant parts of the interrogatory, request, answer, response, objection, notice, subpoena, or depositions in the party's memorandum. Counsel may also identify the disputed discovery in an attached exhibit, provided that the exhibit clearly identifies the relevant portions. Any party responding to the motion shall provide, verbatim, any other part that the party believes necessary to the court's consideration of the motion.

(c) If material in interrogatories, requests, answers, responses, or depositions is used as evidence in connection with any motion, the relevant parts shall be set forth, verbatim, in the moving papers or in responding memoranda, or as an exhibit attached thereto. If it is used as evidence at trial, the party offering it shall read it into the record or, if directed to do so by the court, offer it as an exhibit.

(d) The court shall resolve any dispute that may arise about the accuracy of any quotation or discovery material used as provided in (b) and (c) and may require production of the original paper or transcript.

(e) The court, on its own motion, on motion by any party, or on application by a non-party, may require the filing of the original of any discovery paper or deposition transcript. The parties may provide for such filing by stipulation.

(f) No motion or other application pursuant to the Federal Rules of Civil Procedure governing discovery or pursuant to this rule shall be made unless it contains a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute.

(g) A routine motion to compel answers to interrogatories or to compel compliance with a request for production under Federal Rule of Civil Procedure 34, wherein it is averred that no response or objection has been timely served, need have no accompanying brief, and need have no copy of the interrogatories or Federal Rule of Civil Procedure 34 request attached. The court may summarily grant or deny such motion without waiting for a response.