(a) Motions to Compel: A motion to compel disclosure or discovery must be
accompanied by a statement setting forth:
(1) Each discovery request or disclosure requirement, provided verbatim,
and any response thereto to which exception is taken. If the discovery
request or disclosure requirement is ignored, the movant need only file a
motion to compel without setting forth verbatim the discovery request or
disclosure requirement;
(2) The specific rule, statute or case authority supporting the movant’s
position as to each such discovery request or disclosure requirement; and
(3) The following specifics, presented in the certification of the good faith
conference required under Fed. R. Civ. P. 37:
(i) the names of the parties who conferred or attempted to
confer,
(ii) the manner by which they conferred, and
(iii) the date and time of the conference.
(b) Waiver: A motion to compel, or other motion in aid of discovery, is deemed
waived if it is not filed within thirty (30) days after the discovery response or disclosure
requirement sought was due, which date is determined in accordance with a rule or by
mutual agreement among the parties, unless such failure to file a motion was caused by
excusable neglect or by some action of the nonmoving party. In any event, if the
moving party seeks a continuance or a modification of the scheduling order, the moving
party must demonstrate that good cause exists to grant any such request.
(c) Response: Every response to a motion to compel shall set forth the specific
rule, statute or case authority supporting the position of the party responding as to each
such discovery request or disclosure requirement.
Dismissal of Actions
