Rule 7-5 Discovery Motions

(a) Application. This rule shall apply to motions under Article 5 of the Civil Practice Act and OCGA § 9-11-45. References to "party" in this rule shall include non-parties subject to subpoena under OCGA § 9-11-45.

(b) Pre-Filing Requirements. The pre-filing requirements for discovery motions shall be as follows:

(1) Summary of Dispute. Before filing a motion related to discovery, including the failure of a party to make discovery, a party shall engage in a good faith attempt to resolve or narrow the dispute. If the dispute remains unresolved, then the party seeking relief shall notify the Court as to the existence of the dispute and, unless the Court orders otherwise, the parties shall be directed to submit simultaneous summaries of the dispute via letter in accordance with BCR 7-3 (a) (3). If the parties cannot agree on a deadline for the filing of the summaries, the deadline for filing such summaries shall be within three days after the Court is notified of the dispute and no replies shall be filed unless the Court directs otherwise.

(2) Certification of Good Faith Effort to Resolve the Dispute. A dispute summary under subsection (1) of this section shall be accompanied by a separate certification that, after consultation and diligent attempts to resolve differences, the parties could not resolve the dispute. The certificate shall state the date of each conference, the name of each attorney who participated, and the specific results achieved. The certificate shall state, if applicable, whether the parties discussed cost-shifting or alternative discovery methods that might resolve the dispute. The certificate shall not exceed 300 words and shall be submitted with the dispute summary.

(3) Discovery Conference. After the summaries and certificates are submitted, the Court may schedule a telephone conference with counsel to discuss the dispute, order the parties to file a motion and brief regarding the dispute or provide additional materials, or issue an order deciding the issue raised or providing the parties with further instructions. If the Court elects to conduct a telephone conference, the Court may make a decision regarding the dispute during the conference.

(c) Briefs on Discovery Motions. No discovery motion shall be filed unless the pre-filing requirements described in section (b) of this rule have been followed and the Court has permitted or instructed briefing on the dispute.

(d) Cost-Shifting Requests. If a party contends that cost-shifting is warranted as to any discovery sought, then the party's letter or brief should address estimated costs of responding to the requests in relation to the breadth, complexity, or other considerations bearing upon the specific discovery at issue. Counsel's estimate must have a reasoned factual basis, and the Court may require that any such basis be demonstrated by affidavit. Cost-shifting should not be a common practice in the Court, and parties should continue to assume that a responding party ordinarily bears the cost of responding to discovery.

(e) Depositions. This rule shall not preclude a party from seeking an immediate ruling by telephone from the Court on any dispute that arises during a deposition that justifies such a conference with the Court.