Local Rule Civil Rule 26.1: Deposition and Discovery

Civil Rule 26.1 Deposition and Discovery a. Conference Required. The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel will have previously met and conferred concerning all disputed issues. If counsel for the moving party seeks to arrange such a conference and counsel for the party against whom the motion is made willfully refuses or fails to meet and confer, the judge (in absence of a prior order dispensing good cause with such a meeting) may order a payment of reasonable expenses, including attorney's fees, pursuant to Rule 37, Fed. R. Civ. P. and Civil Local Rule 83.1. If counsel have offices in the same county, they are to meet in person. If counsel have offices in different counties, they are to confer by telephone. Under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence. b. Certificate of Compliance. At the time of filing any motion with respect to Rules 26 through 37, Fed. R. Civ. P., counsel for the moving party must serve and file a certificate of compliance with this rule. c. Protective Order. Any party or non-party against whom a motion under Rule 37(a) or Rule 45(d)(1), Fed. R. Civ. P., is being made may notice for hearing at the same time a motion for protective order under Rule 26(c), Fed. R. Civ. P. d. Principles Controlling Dispositions of Motions. In the disposition of any motion made under Rules 37(a) or 26(c), Fed. R. Civ. P., the Court will be guided by the rule of construction contained in Civil Local Rule 1.1.c to secure the just, efficient and economical determination of every action and proceeding. e. Discovery Motion. All motions to compel discovery are referred to the magistrate judge assigned to the case. The magistrate judge maintains discretion to waive all or part of the requirements of Civil Local Rule 7.1.f in deciding discovery motions.