Local Rule LOCAL CIVIL RULE 26: GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE

LOCAL CIVIL RULE 26 - GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE

(a) Meeting of Parties Under Fed. R. Civ. P. 26(f). Except as otherwise ordered by the Court, the provisions of Fed. R. Civ. P. 26(f), requiring a meeting of parties prior to the scheduling conference, shall apply to all civil actions in the Court subject to the following modifications:

(1) The requirements for a meeting of the parties does not apply in cases exempted from the requirements of a scheduling order under LR16(a)(2).

(2) The parties may agree to hold the meeting by telephone.

(3) Any meeting of the parties shall be held in time to permit the report of the meeting to be filed with the Court no later than two weeks prior to the date of the scheduling conference.

(4) Formal discovery may begin in cases in which no meeting is required without regard to the requirements of Fed. R. Civ. P. 26(d) and (f).

(b) Initial Disclosure. Within the time designated in the Court's initial order setting the Fed. R. Civ. P. 16 conference, the parties must make the disclosures required by Fed. R. Civ. P. 26(a)(1). Disclosures must be made no later than seven days before the Case Management Conference, unless a different time is set by court order or unless a party objects during the attorney conference and states the objection in the proposed case management order.

(c) Withholding Privileged or Protected Information. A party withholding information claimed privileged or otherwise protected must submit a privilege log that contains at least the following information: name of the document, electronically stored information, or tangible things; description of the document, electronically stored information, or tangible thing, which description must include each requisite element of the privilege or protection asserted; date; author(s); recipient(s); and nature of the privilege.

(d) Discovery Deadlines.

(1) Unopposed discovery may continue after the applicable deadline for discovery contained in the scheduling order, provided that discovery does not delay other pretrial preparations or the trial setting. Absent exceptional circumstances, no motions relating to discovery, including motions under Fed. R. Civ. P. 26(c), 29, and 37, shall be filed after the expiration of the discovery deadline, unless they are filed within seven days after the discovery deadline and pertain to conduct occurring during the final seven days of discovery.

(2) Written discovery is not timely unless the response to that discovery would be due before the discovery deadline. The responding party has no obligation to respond and object to written discovery if the response and objection would not be due until after the discovery deadline. Discovery depositions must be completed before the discovery deadline. Notices served before the discovery deadline which purport to schedule depositions after the discovery deadline will not be enforced.