(a) Objections to Disclosures or Discovery:
(1) Waiver: Objections to disclosures or discovery that are not filed
within the response time allowed by the Federal Rules of Civil Procedure,
the scheduling order(s) or stipulation of the parties pursuant to Fed. R. Civ.
P. 29, whichever governs, are waived unless otherwise ordered for good
cause shown. Objections shall comply with Fed. R. Civ. P. 26(g). Any
claim of privilege and any objection must comply with Fed. R. Civ. P.
26(b)(5).
(2) Claims of Privilege:
(i) Where a claim of privilege is asserted by a party who objects to
any means of discovery or disclosure, including but not limited to a
deposition, and when an answer is not provided on the basis of
such assertion, a party may lodge an objection on that issue.
(A) A party’s attorney asserting a privilege shall identify the
nature of the privilege that is being claimed, including
attorney work product, if applicable. If the privilege is
governed by state law, the attorney shall identify the state’s
pertinent privilege rule. The attorney must certify that he or
she has reviewed each document for which a privilege is
asserted.
(B) The following information shall be provided in an
objection, unless divulgence of such information would cause
disclosure of the allegedly privileged information:
(1) For documents:
(a) the type of document (e.g., letter or
memorandum);
(b) the general subject matter of the document;
(c) the date of the document; and
(d) such other information as is sufficient to
identify the document for purposes of a
subpoena duces tecum, including, where
appropriate, the author of the document, the
addressees of the document, any other
recipients shown in the document and, where
not readily apparent, the relationship of the
author, addressees and recipients to each
other;
(2) For oral communications:
(a) the name of the person who made the
communication and the names of persons
present while the communication was made
and, where not readily apparent, the
relationship of the person who made the
communication to the other persons who were
present;
(b) the date and place of the communication;
and
(c) the general subject matter of the
communication.
(ii) Where a claim of privilege is asserted during a deposition, and
when information is not provided on the basis of such an assertion,
the information set forth herein in paragraph (a) shall be furnished:
(A) at the deposition, to the extent it is readily available from
the witness being deposed or otherwise; and
(B) to the extent that the information is not readily available
at the deposition, in writing within fourteen (14) days after the
deposition session at which the privilege is asserted, unless
otherwise ordered by the Court.
(iii) Where a claim of privilege is asserted in response to discovery
or disclosure other than a deposition, and when information is not
provided on the basis of such an assertion, the information set forth
herein in paragraph (a) shall be furnished in writing at the time of the
response to such discovery or disclosure, unless otherwise ordered
by the Court.
(iv) A party who produces material or information without intending
to waive a claim of privilege does not waive that claim under these
Rules or the Rules of Evidence if, within fourteen (14) days, or a
shorter time ordered by the Court, after the producing party
discovers that such production was made, the producing party
amends the response, identifying the material or information
produced and stating the privilege asserted. If the producing party
thus amends the response in order to assert a privilege, the
requesting party must promptly return the specified material or
information and any copies thereof, pending any ruling by the Court
regarding the asserted privilege.
(b) Duty to Meet: Before filing any discovery motion, including any motion for
sanctions or for a protective order, counsel for each party shall make a good faith effort
to meet in person or by telephone to narrow the areas of disagreement to the greatest
possible extent. It shall be the responsibility of counsel for the moving party to arrange
for the meeting.
