Local Rule Local Civil Rule 26: Discovery and Disclosure

LOCAL CIVIL RULE 26

DISCOVERY AND DISCLOSURE

(A) Discovery:

(1) In this district, pursuant to Fed. R. Civ. P. 26(f), hereinafter Rule 26(f), it may be required by order that:

(a) the scheduling and planning conference outlined in Fed. R. Civ. P. 16(b) be held fewer than twenty-one (21) days after the conference required by Rule 26(f); and

(b) the written report outlining the discovery plan due under Rule 26(f) be filed fewer than fourteen (14) days after the conference between the parties or the parties be excused from submitting a written report and be permitted to report orally on their discovery plan at the conference required by Fed. R. Civ. P. 16(b).

(2) In this district, magistrate judges are authorized to conduct the scheduling and planning conference and issue the scheduling order for which provision is made in Fed. R. Civ. P. 16(b).

(3) A deposition taken without leave of Court pursuant to a notice under Fed. R. Civ. P. 30(a)(1) before the time required by Fed. R. Civ. P. 12 for filing an answer or responsive pleading shall not be used against a party who demonstrates that, when served with the notice, it was unable through the exercise of diligence to obtain counsel to represent it at the taking of the deposition.

(B) Requirement of Writing: All objections to interrogatories, depositions, requests, or applications under Fed. R. Civ. P. 26 through 37, as well as all motions and replies thereto concerning discovery matters, shall be in writing. If time does not permit the filing of a written motion, the Court may, in its discretion, waive this requirement.

(C) Objections to Discovery Process: Unless otherwise ordered by the Court, an objection to any interrogatory, request, or application under Fed. R. Civ. P. 26 through 37, shall be served within fifteen (15) days after the service of the interrogatories, request, or application; or, in a case removed or transferred to this Court after discovery was served, within fifteen (15) days after the date of removal or transfer. The Court may allow a shorter or longer time. Any such objection shall be specifically stated. Any such objection shall not extend the time within which the objecting party must otherwise answer or respond to any discovery matter to which no specific objection has been made.

(D) Expert Disclosures:

(1) Agreement Upon Disclosure: Counsel are encouraged to agree upon the sequence and timing of the expert disclosures required by Fed. R. Civ. P. 26(a)(2). All such agreements must be in the form of a consent order entered by the Court.

(2) Timing of Mandatory Disclosure: Absent such a consent order or unless ordered otherwise, the disclosures required by Fed. R. Civ. P. 26(a)(2) shall be made first by the plaintiff not later than sixty (60) days before the earlier of the date set for completion of discovery or for the final pretrial conference, if any, then by the defendant thirty (30) days thereafter. Plaintiff shall disclose fifteen (15) days thereafter any evidence that is solely contradictory or rebuttal evidence to the defendant's disclosure.

(3) Completion of Disclosure: Whether accomplished by agreement pursuant to Local Civil Rule 26(D)(1) or pursuant to the schedule set by Local Civil Rule 26(D)(2), all parties shall complete all forms of expert disclosure and discovery not later than thirty (30) days after the date upon which plaintiff is, or would be, required by Fed. R. Civ. P. 26(a)(2)(C) to disclose contradictory or rebuttal evidence.

(4) General Provisions: For purposes of this Local Rule, counter-claim plaintiffs, cross-claimants, and third-party plaintiffs shall be plaintiffs as to all elements of the counter-claim, cross-claim, or third-party claim. Answers to interrogatories directed at clarification of the written reports of expert witnesses disclosed pursuant to Fed. R. Civ. P. 26(a)(2) shall be due fifteen (15) days after service.