(a) Conference of the Parties; Planning for Discovery. The parties’
discovery plan must indicate whether they anticipate any party will be required
to disclose or be requested to produce electronically stored information. If so,
the parties must consider:
(1) The reasonable accessibility of electronically stored information and the
burdens and expense of discovery of electronically stored information;
(2) The format and media for the production of electronically stored
information;
(3) Measures taken to preserve potentially discoverable electronically stored
information from alteration or destruction;
(4) Procedures for asserting post-production claims of privilege or of
protection as trial-preparation material; and
(5) Other issues in connection with the discovery of electronically stored
information.
(b) Disclosure of Expert Testimony.
(1) Each party must disclose to every other party the substance of all
evidence under Fed. R. Evid. 702, 703, or 705 that the party may use at trial,
including the evidence of witnesses who have not been retained or specially
employed to provide testimony, subject to the following:
(A) Each party must provide the written report required under Fed. R.
Civ. P. 26(a)(2)(B) for a witness who has been retained or specially
employed to provide expert testimony or one whose duties, as the party’s
employee, regularly involve giving expert testimony.
(B) A person, including a treating physician, who has not been retained or
specially employed to provide expert testimony, or whose duties as the
party’s employee do not regularly involve giving expert testimony, may be
used to present evidence under Fed. R. Evid. 702, 703, or 705 only if the
party offering the evidence discloses to every other party the information
identified in Fed. R. Civ. P. 26(a)(2)(B)(i), although a report written and
signed by the witness is not required.
(2) Absent a stipulation or a Court order, disclosures required under this
Rule must be made in accordance with Fed. R. Civ. P. 26(a)(2)(C).
(c) Completion of Discovery. All discovery, including the filing of motions
to compel, must be completed before the date established in the Rule 16
Scheduling Order. Completion of discovery means that discovery (including
depositions to preserve testimony for trial) must be scheduled to allow
depositions to be completed, interrogatories and requests for admissions to be
answered, and documents to be produced before the deadline and in accordance
with the provisions of the Federal Rules of Civil Procedure. For good cause,
which typically requires a showing that the parties have diligently pursued
discovery, the Court may extend the time during which discovery may occur or
may reopen discovery.
(d) Standard Definitions Applicable to All Discovery.
(1) The full text of the definitions set forth in subparagraph (2) is deemed
incorporated by reference in all discovery, and may not be varied by litigants,
but does not preclude:
(A) The definition of other terms specific to the particular litigation;
(B) The use of abbreviations; or
(C) A more narrow definition of a term defined in subparagraph (2).
(2) Definitions. The following definitions apply to all discovery:
(A) Communication. The term “communication” means the transmittal
of information (in the form of facts, ideas, inquiries, or otherwise).
(B) Document. The term “document” is defined to be synonymous in
meaning and equal in scope to the usage of this term in Fed. R. Civ. P.
34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
(C) To Identify.
(i) With Respect to Persons. When referring to a person, “to
identify” means to give, to the extent known, the person’s full name,
present or last known address, and when referring to a natural person,
additionally, the present or last known place of employment. Once a
person has been identified in accordance with this subparagraph, only
the name of that person need be listed in response to subsequent
discovery requesting the identification of that person.
(ii) With Respect to Documents. When referring to documents, “to
identify” means to give, to the extent known, the type of document;
general subject matter; date of the document; and author(s),
addressee(s), and recipient(s).
(D) Person. The term “person” is defined as any natural person or any
business, legal, or governmental entity, or association.
(e) Confidentiality of Discovery Materials.
(1) Upon a showing of good cause, the Court may enter a protective order
regarding the confidentiality of all, or—more likely—portions of, documents
produced in the course of discovery, answers to interrogatories, answers to
requests for admission, and deposition testimony.
(2) At the conclusion of the litigation, all material not received in evidence
and treated as confidential under this Rule must be returned to the
originating party. If the parties so stipulate, the material may be destroyed.
(f) Filing Papers Under Seal. A party seeking to file a document under seal
must follow the procedure set forth in General Local Rule 5.2.
