Local Rule LR 26.2: DISCOVERY PERIOD

LR 26.2 DISCOVERY PERIOD

(A) Commencement; Length. The discovery period shall commence thirty days after the appearance of the first defendant by answer to the complaint, unless the parties mutually consent to begin earlier. In removed cases, the discovery period commences thirty days after the removed case is filed in this Court if any defendant has appeared by answer to the complaint prior to removal.

The discovery tracks established in this Court are: (1) zero-months discovery period; (2) four-months discovery period; and (3) eight-months discovery period. A chart showing the assignment of cases to a discovery track by filing category is contained in Appendix F.

(B) Adjustments to Discovery Period. The Court may, in its discretion, shorten or lengthen the time for discovery. Motions requesting extensions of time for discovery must be made prior to expiration of the existing discovery period and will be granted only in exceptional cases where the circumstances on which the request is based did not exist or the attorney or attorneys could not have anticipated that such circumstances would arise at the time the Joint Preliminary Report and Discovery Plan was filed.

(C) Expert Witnesses. Any party who desires to use the testimony of an expert witness shall designate the expert sufficiently early in the discovery period to permit the opposing party the opportunity to depose the expert and, if desired, to name its own expert witness sufficiently in advance of the close of discovery so that a similar discovery deposition of the second expert might also be conducted prior to the close of discovery.

Any party who does not comply with the provisions of the foregoing paragraph shall not be permitted to offer the testimony of the party's expert, unless expressly authorized by Court order based upon a showing that the failure to comply was justified.

Any party objecting to an expert's testimony based upon Daubert v. Merrell Dow Pharms. Inc., 509 U.S. 579, 113 S. Ct. 2786 (1993) shall file a motion no later than the date that the proposed pretrial order is submitted. Otherwise, such objections will be waived, unless expressly authorized by Court order based upon a showing that the failure to comply was justified.