(a) Filing Prohibited. Pursuant to Fed. R. Civ. P. 5(d)(1), initial
disclosures under Fed. R. Civ. P. 26(a)(1)(A), depositions, interrogatories, requests
for documents, requests for admissions, answers, responses, and objections, expert
disclosures, expert reports, notices of deposition, notices of service of subpoena,
and certificates or notices indicating service of discovery documents on opposing
parties are not routinely filed.
(b) Filing Required. Regardless of subsection (a), when any motion is
filed relating to discovery, the party filing the motion must attach as exhibits to the
motion all documents relevant to the motion if the documents have not been
previously filed. Any such discovery filed including depositions should be properly
redacted to comply with Fed. R. Civ. P. 5.2. Public access to such discovery will
not be restricted unless filed under seal pursuant to Local Rule 5.2.
(c) Other Motions. Discovery responses or admissions relied on as
evidence relevant to another type of motion, such as summary judgment, are
43 | P a g e
D.Mont L.R. 26.1 Rule 26(f) Conference and Discovery Plan
considered exhibits rather than discovery documents and are not governed by this
rule.
(d) Expert Disclosures. At trial, reports by retained experts and disclosures
of testifying non-retained experts must be available for review by the court.
