Local Rule LR Civ P 26.01: Control of Discovery

LR Civ P 26.01. Control of Discovery.

(a) Initial Disclosures Under Fed. R. Civ. P. 26(a)(1): Unless otherwise ordered or stipulated by the parties, the disclosures required under Fed. R. Civ. P. 26(a)(1) shall be made no later than fourteen (14) days after the meeting required under Fed. R. Civ. P. 26(f) and LR Civ P 16.01(b). In accordance with LR Civ P 5.01, parties shall file in CM/ECF only the certificate of service for any such disclosures.

(b) Disclosures Under Fed. R. Civ. P. 26(a)(2) Regarding Experts: Unless otherwise ordered or stipulated by the parties, the making, sequence and timing of disclosures under Fed. R. Civ. P. 26(a)(2) will be as follows:

(1) the disclosures required by Fed. R. Civ. P. 26(a)(2)(A), (B) and (C) must be made to all other parties or their counsel at least ninety (90) days before the date set for trial or for the case to be ready for trial and

(2) if the evidence is intended solely to contradict or rebut evidence on the same issue identified by another party under Fed. R. Civ. P. 26(a)(2)(B) or (C), the disclosures must be made no later than thirty (30) days after the other party's disclosure.

The written report described in Fed. R. Civ. P. 26(a)(2)(B) shall not be required of witnesses who have not been specially retained or employed by a party to give expert testimony in the case, including physicians and other medical providers who examined or treated a party or party's decedent unless the examination was for the sole purpose of providing expert testimony in the case, or one whose duties as the party's employee regularly involve giving expert testimony. In accordance with LR Civ P 5.01, parties shall file on CM/ECF only the certificate of service for any such disclosures.

In all events, a party seeking to elicit opinion testimony under Federal Rules of Evidence 702, 703 or 705 from such witnesses shall:

(1) To the extent that such opinions are explicitly stated in records prepared by such witnesses and have been produced in the course of discovery, identify each such person as an expert witness who is anticipated to testify at trial.

(2) To the extent that such opinions are not explicitly stated in records prepared by such witnesses or have not been produced in the course of discovery, identify each witness and state the subject matter on which the expert will testify, the substance of the facts and opinions to which the expert will testify and a summary of the grounds for each opinion or, in the alternative, provide a report, prepared by the witness, that comports with the provisions of Fed. R. Civ. P. 26(a)(2)(B).

(3) The disclosures discussed in paragraph (2) above must be made within the timelines detailed in LR Civ P 26.01(b).

(4) In no event may a health care provider or other person relying on scientific, technical or other specialized knowledge be considered a lay witness under Fed. R. Evid. 701.

(c) Discovery Event Limitations: Unless otherwise ordered or stipulated, and except as to complex cases governed by LR Civ P 16.02., discovery under Fed. R. Civ. P. 26(b)(2)(A) shall be limited as follows:

(1) Ten (10) depositions upon oral examination or written questions by each plaintiff;

(2) Ten (10) depositions upon oral examination or written questions by each defendant;

(3) Ten (10) depositions upon oral examination or written questions by each third-party defendant;

(4) Twenty-five (25) written interrogatories, including all discrete subparts, per party; and

(5) Forty (40) requests for admission per party.

(d) Further Discovery: After exhausting the opportunities for discovery pursuant to paragraph (c) of this Rule and any stipulation of the parties or order of the Court, any requests that the parties may make for additional depositions, interrogatories or requests for admissions must be made by discovery motion.

The judicial officer shall not consider any discovery motion under this Rule unless it is accompanied by a certification that the moving party has made a reasonable and good-faith effort to reach agreement with counsel or any unrepresented parties who oppose the additional discovery sought by the motion.