Except as otherwise directed by the Court or by these rules, in all civil actions other
than inmate complaints challenging the conditions of confinement:
(a) Interrogatories, requests for production, requests for admissions and responses
thereto, and notices of depositions shall be served in accordance with Fed. R. Civ. P.
5, but shall not be filed with the Clerk except upon order of the Court or for use at
trial or in connection with motions. The party responsible for service of the
discovery material shall retain the original and become the custodian.
(b) No depositions shall be filed with the Clerk unless the Court directs otherwise, or
unless in support of or in opposition to a motion. Counsel who notices a deposition
shall be the custodian of the deposition and shall maintain the original for filing.
(c) If discovery materials are germane to any motion or response, the relevant
material shall be filed with the motion or response.
(d) During the pendency of any case the custodian of any discovery materials, other
than depositions, shall provide to counsel for all other parties reasonable access to
the material and an opportunity to duplicate the material at the expense of the
copying party, and any other person may, with leave of Court, obtain a copy of any
discovery material from its custodian upon payment of the expense of the copy.
(e) When documentation of 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 discovery papers shall be filed with the Clerk.
(f) The provisions of this Rule for non-filing of discovery materials and their
retention by counsel as custodian do not apply (1) to depositions noticed by, or
discovery materials to be served by, litigants who are not represented by counsel, or
(2) in civil actions instituted by inmate plaintiffs challenging the conditions of
confinement. Nor do these provisions preclude the Clerk from receiving and
docketing discovery materials on file when a case is removed or transferred from
another Court.
(g) Any discovery material, depositions and trial exhibits filed with the Clerk will be
disposed of by the Clerk as set out by M.D. Ala. LR 5.9.
