|F.R.Civ.P. 26. General Provisions Governing Discovery; Duty of Disclosure |
L.R. 26-1 Conference of Parties; Report . At the conference of parties held pursuant to F.R.Civ.P. 26(f), the parties shall discuss the following matters in addition to those noted in F.R.Civ.P. 26(f):
(a) Complex Cases. The complexity of the case, and whether all or part of the procedures of the Manual For Complex Litigation (current edition) should be utilized. Counsel may propose to the Court modifications of the procedures in the Manual to facilitate the management of a particular action.
(b) Motion Schedule. The dispositive or partially dispositive motions which are likely to be made, and a cutoff date by which all such motions shall be made.
(c) Settlement. The likelihood of settlement, whether settlement discussions have taken place or are scheduled, and which mandatory settlement procedure should be utilized under L.R. 16-14.
(d) Trial Estimate. A preliminary estimate of the time required for trial.
(e) Additional Parties. The likelihood of appearance of additional parties.
(f) Expert Witnesses. The proposed timing of disclosures under F.R.Civ.P. 26(a)(2).
In their written report required by F.R.Civ.P. 26(f), the parties shall include their views and proposals on the matters listed in this local rule.
L.R. 26-2 Discovery Documents - Filing . When a discovery request or response is required for use in a proceeding, only that part of the document which is in issue shall be filed. All such discovery documents shall be held by the attorney pending use for the period specified in L.R. 79-3 for the retention of exhibits, unless otherwise ordered by the Court. Discovery documents lodged with the Court for a motion or a trial which are not used in said motion or trial shall be returned by the clerk to the party lodging the document at the conclusion of the motion or trial.
L.R. 26-3 Discovery Documents - Disclosure . Unless an applicable protective order otherwise provides, any person may obtain copies of any discovery document by making a written request therefor to the Clerk and paying the reasonable cost of duplication. The Clerk shall give notice of the request to all parties in the action, and the party holding the original of the requested discovery document shall lodge the original with the Clerk within ten (10) days after service of the Clerk's notice. Promptly after duplication, the Clerk shall return the original to the party who provided it.
L.R. 26-4 Exhibits in Discovery
L.R. 26-4.1 Numbering of Exhibits. Documents introduced in discovery shall be numbered sequentially. Only one exhibit number shall be assigned to any given document. Exhibits shall be numbered without regard to the identity of the party introducing the exhibits.
If possible, each new exhibit shall be given the next available number. If it is not possible to do so (as, for example, when multiple depositions are conducted on the same day), then the parties shall break the sequence and use higher numbers to avoid duplication.
L.R. 26-4.2 Duplicate Exhibits . Any exhibit which is an exact duplicate of an exhibit previously numbered shall bear the same exhibit number regardless of which party is using the exhibit. Any version of any exhibit which is not an exact duplicate shall be marked and treated as a different exhibit bearing a different exhibit number.
L.R. 26-4.3 Inadvertent Numbering of a Duplicate Exhibit . If, through inadvertence, the same exhibit has been marked with different exhibit numbers, the parties shall assign the lowest such exhibit number to the exhibit and conform all deposition transcripts and exhibits to reflect the lowest number. The superseded number shall not be reused by the parties.
Example: If the same exhibit has been marked as 52 in the deposition of A and 125 in the depositions of B, C and/or D, the exhibit marked 125 shall be renumbered 52 and the depositions of B, C and D shall be conformed to the renumbered exhibit. Thereafter, number 125 shall not be used.
L.R. 26-4.4 Designation of Exhibit Sub-Parts . If it is necessary to identify sub-parts of a document that has been marked as an exhibit, then such sub-parts shall be designated by the number of the exhibit followed by a number designation.
Example: If a three-page contract is marked as Exhibit No. 12, the pages of the contract may be marked as Exhibits 12-1, 12-2, and 12-3; the entire document shall be referred to as Exhibit 12.
L.R. 26-4.5 Exhibits - Internal Control Numbering . In addition to exhibit numbers, documents may bear other numbers or letters used by the parties for internal control purposes.