Local Rule LR Civ P 26.04: Discovery Disputes
N.D. W.Va. — Civil rule
LR Civ P 26.04. Discovery Disputes.
(a) Objections to Disclosures or Discovery:
(1) Waiver: Objections to disclosures or discovery that are not filed within the response time allowed by the Federal Rules of Civil Procedure, the scheduling order(s) or stipulation of the parties pursuant to Fed. R. Civ. P. 29, whichever governs, are waived unless otherwise ordered for good cause shown. Objections shall comply with Fed. R. Civ. P. 26(g). Any claim of privilege and any objection must comply with Fed. R. Civ. P. 26(b)(5).
(2) Claims of Privilege:
(i) Where a claim of privilege is asserted by a party who objects to any means of discovery or disclosure, including but not limited to a deposition, and when an answer is not provided on the basis of such assertion, a party may lodge an objection on that issue.
(A) A party's attorney asserting a privilege shall identify the nature of the privilege that is being claimed, including attorney work product, if applicable. If the privilege is governed by state law, the attorney shall identify the state's pertinent privilege rule. The attorney must certify that he or she has reviewed each document for which a privilege is asserted.
(B) The following information shall be provided in an objection, unless divulgence of such information would cause disclosure of the allegedly privileged information:
(1) For documents:
(a) the type of document (e.g., letter or memorandum);
(b) the general subject matter of the document;
(c) the date of the document; and
(d) such other information as is sufficient to identify the document for purposes of a subpoena duces tecum, including, where appropriate, the author of the document, the addressees of the document, any other recipients shown in the document and, where not readily apparent, the relationship of the author, addressees and recipients to each other;
(2) For oral communications:
(a) the name of the person who made the communication and the names of persons present while the communication was made and, where not readily apparent, the relationship of the person who made the communication to the other persons who were present;
(b) the date and place of the communication; and
(c) the general subject matter of the communication.
(ii) Where a claim of privilege is asserted during a deposition, and when information is not provided on the basis of such an assertion, the information set forth herein in paragraph (a) shall be furnished:
(A) at the deposition, to the extent it is readily available from the witness being deposed or otherwise; and
(B) to the extent that the information is not readily available at the deposition, in writing within fourteen (14) days after the deposition session at which the privilege is asserted, unless otherwise ordered by the Court.
(iii) Where a claim of privilege is asserted in response to discovery or disclosure other than a deposition, and when information is not provided on the basis of such an assertion, the information set forth herein in paragraph (a) shall be furnished in writing at the time of the response to such discovery or disclosure, unless otherwise ordered by the Court.
(iv) A party who produces material or information without intending to waive a claim of privilege does not waive that claim under these Rules or the Rules of Evidence if, within fourteen (14) days, or a shorter time ordered by the Court, after the producing party discovers that such production was made, the producing party amends the response, identifying the material or information produced and stating the privilege asserted. If the producing party thus amends the response in order to assert a privilege, the requesting party must promptly return the specified material or information and any copies thereof, pending any ruling by the Court regarding the asserted privilege.
(b) Duty to Meet: Before filing any discovery motion, including any motion for sanctions or for a protective order, counsel for each party shall make a good faith effort to meet in person or by telephone to narrow the areas of disagreement to the greatest possible extent. It shall be the responsibility of counsel for the moving party to arrange for the meeting.