Local Rule LCvR26.3: Discovery to Begin When Case Is at Issue Unless the Parties Agree or the Court Orders Otherwise
W.D. Okla. — Civil rule
LCvR26.3 Discovery to Begin When Case Is at Issue Unless the Parties Agree or the Court Orders Otherwise.
(a) Subject to the exceptions set forth in subsections (b) and (c) of this rule, if a motion has been made pursuant to Fed. R Civ. P. 12(b), no party may seek discovery from any source before that motion has been decided and all moving parties have filed an answer or been dismissed from the case.
(b) The parties may stipulate that discovery is permitted prior to the time period set forth in subsection (a) of this rule, either generally or with respect to a specific subject, party, or nonparty.
(c) Any party may move that discovery be permitted prior to the time period set forth in subsection (a) of this rule. Such request shall be made by written motion in accordance with LCvR7.1 and LCvR37.1. While the motion may be made at any time, it is generally contemplated that it will be filed at the time of submission of the parties' Discovery Plan and addressed during the Status and Scheduling Conference.