Local Civil Rules 26

LOCAL CIVIL RULE 26 - GENERAL PROVISIONS
GOVERNING DISCOVERY; DUTY OF DISCLOSURE

LR26.1W Civil Actions Subject to the December 1, 1993 Discovery Amendments
LR26.2M & W Format of Discovery Requests
LR26.3E Disclosure Under FRCvP 26(a)
LR26.3M Disclosure Under FRCvP 26(a)
LR26.3W Initial Disclosure Under FRCvP 26(a)(1) Not Required
LR26.4E Meeting of Parties Under FRCvP 26(f)
LR26.4M Meeting of Parties Under FRCvP 26(f)
LR26.4W Exemptions From the Requirements of FRCvP 26(d) and (f)
LR26.5E Non-Filing of Disclosure, Discovery Requests and Responses: Retention by Requesting Party
LR26.5M Non-Filing of Disclosure, Discovery Requests and Responses: Retention by Requesting Party
LR26.5W Non-Filing of Disclosure, Discovery Requests and Responses: Retention by Requesting Party
LR26.5.1E Filing of Disclosure or Discovery Materials
LR26.5.2E Construction of the Rule
LR26.6E Disputed Disclosure and Discovery Materials to Be Filed With Request for Relief
LR26.6M Disputed Disclosure and Discovery Materials to Be Filed With Request for Relief
LR26.6W Disputed Discovery Materials to Be Filed With Request for Relief
LR26.7E Pretrial Filing of Disclosure and Discovery Materials to Be Used at Trial
LR26.7M & W Pretrial Filing of Disclosure and Discovery Materials to Be Used at Trial
LR26.8E Filing of Disclosure or Discovery Materials for Appeal Purposes
LR26.8M & W Filing of Disclosure or Discovery Materials for Appeal Purposes

LR26.1W  Civil Actions Subject to the December 1, 2000 Discovery Amendments

        All cases filed on or after December 1, 2000 shall be subject to the amendments to Federal Rules of Civil Procedure 26 through 37. [Amended December 11, 2001]

LR26.2M & W  Format of Discovery Requests

        All discovery requests shall be so arranged that following each question or request there shall be provided a sufficient blank space for inserting a typed response. If the space allotted is insufficient the responding party shall retype the pages, repeating each question in full, followed by the answer or objection thereto. When the discovery request has been completed by the responding party, the original shall be returned to the proponent, and copies served upon all other parties.

LR26.3E Disclosure Under FRCvP 26(a)

The scope and timing of disclosures under FRCvP 26(a)(2) and FRCvP(a)(3) shall be as directed by the court in the order issued after the preliminary conference held pursuant to Article One (1) of the Civil Justice Expense and Delay Reduction Plan of this court. [Adopted March 23, 2001]

LR26.3M Disclosure Under FRCvP 26(a) [Repealed June 28, 2002]

LR26.3W Initial Disclosure Under FRCvP 26(a)(1) [Repealed December 11, 2001]

LR26.4E Meeting of Parties Under FRCvP 26(f)

A. Except as otherwise ordered in a particular case, the conference between the parties required by FRCvP 26(f) shall be held no later than seven working days before the scheduled preliminary conference.

B. Except as otherwise ordered in a particular case or as indicated hereinafter, the parties are excused from submitting a written report outlining the proposed discovery plan and shall report orally on their proposed discovery plan at the Rule 16(b) conference. An oral report on the proposed discovery plan is not authorized when, during the Rule 26(f) conference, a party objects that the initial disclosures required by Rule 26(a)(1) are not appropriate in the circumstances of the action. In such a case, no later than three working days prior to the scheduled preliminary conference, the parties must file a written report outlining the proposed discovery plan, including the nature of the objection(s) to the initial disclosure and statements by the parties detailing their positions on the objection(s) to the initial disclosure. [Adopted March 23, 2001]

LR26.4M Meeting of Parties Under FRCvP 26(f)

Except as otherwise ordered by the Court, the provisions of FRCvP 26(f), requiring a meeting of parties prior to the scheduling conference, shall apply to all civil actions in the court subject to the following modifications.

        1.    The requirements for a meeting of the parties does not apply in cases exempted from the requirements of a scheduling order under LR16.1E & M and in cases filed in, removed to or transferred to this court before December 1, 1993.

        2.    The parties may agree to hold the meeting by telephone.

        3.    Any meeting of the parties shall be held in time to permit the report of the meeting to be filed with the court no later than two days prior to the date of the scheduling conference.

        4.    Formal discovery may begin in cases in which no meeting will be held without regard to the requirements of FRCvP 26(d) and (f).

LR26.4W Exemptions From the Requirements of FRCvP 26(d) and (f) [Repealed December 11, 2001]

LR26.5E Non-Filing of Disclosure, Discovery Requests and Responses: Retention by Requesting Party [Repealed March 23, 2001]

LR26.5M Non-Filing of Disclosure, Discovery Requests and Responses: Retention by Requesting Party [Repealed June 28, 2002]

LR26.5W Non-Filing of Disclosure, Discovery Requests and Responses: Retention by Requesting Party

In accordance with Federal Rule of Civil Procedure 5(d), disclosure of discovery materials shall not be filed with this court unless authorized. The party preparing and responsible for service of the disclosure or discovery material shall retain the original and become the custodian of any such non-filed materials. [Amended December 11, 2001]

LR26.5.1E Filing of Disclosure or Discovery Materials [Repealed March 23, 2001]

LR26.5.2E Construction of the Rule [Repealed March 23, 2001]

LR26.6E Disputed Disclosure and Discovery Materials to Be Filed With Request for Relief [Repealed March 23, 2001]

LR26.6M Disputed Disclosure and Discovery Materials to Be Filed With Request for Relief [Repealed June 28, 2002]

LR26.6W Disputed Discovery Materials to Be Filed With Request for Relief

If relief is sought under FRCvP 26(c) or 37, concerning any disclosure, interrogatories, requests for production or inspection, requests for admissions, answers to interrogatories or responses to requests for admissions, copies of the portions of the disclosure, interrogatories, requests, answers or responses in dispute shall be filed with the court contemporaneously with any such motion.

LR26.7E Pretrial Filing of Disclosure and Discovery Materials to Be Used at Trial [Repealed March 23, 2001]

LR26.7M & W Pretrial Filing of Disclosure and Discovery Materials to Be Used at Trial

If disclosure or pretrial discovery materials will be used at trial or are necessary to a pretrial motion which might result in a final order on any issue, the portions to be used shall be filed with the clerk at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated. Nothing in this rule is intended to preclude use of disclosure or discovery materials for impeachment if the attorney could not reasonably anticipate that it would be used at trial.

LR26.8E Filing of Disclosure or Discovery Materials for Appeal Purposes [Repealed March 23, 2001]

LR26.8M & W Filing of Disclosure or Discovery Materials for Appeal Purposes

When documentation of disclosure or discovery not previously in the record is needed for appeal purposes, upon an application and order of the court or by stipulation of counsel, the necessary disclosure or discovery papers shall be filed with the clerk.