Print MeLR 26.1 Discovery
(a) Required Disclosures [No Local Rule - see 2001 Advisory Committee Note]
(b) Discovery Scope and Limits [No Local Rule - see 2001 Advisory Committee Note]
(c) Protective Orders [No Local Rule]
(d) Commencement of Discovery [No Local Rule - see 2001 Advisory Committee Note]
(e) Supplemental of Discovery [No Local Rule]
(f) Meeting of Parties; Early Meeting Request; Discovery Planning Report [Portions of Local Rule 26f have been deleted - see 2001 Advisory Committee Note]
(1) Any party may request a Fed. R. Civ. P. 26(f) meeting of the parties prior to the date on which Fed. R. Civ. P. 26(f) would otherwise require the meeting to be held. All other parties shall attend such a requested meeting provided:
(A) such request is made in writing at least 14 days in advance of the requested date for the meeting; and
(B) such request is made not less than 30 days after each defendant has answered, pled or otherwise responded to the action, but if significant delay is expected to occur before certain parties may be served such a request may go forward as to those parties who have been served. The Rule 26(f) meeting must take place at least 21 days before the initial pretrial conference is held. Failure by a party to attend a Rule 26(f) meeting of parties pursuant to this rule shall subject such party to such sanctions under Rule 37(a)(4) as the Court may deem appropriate. A reasonable request by a party for rescheduling of such a meeting is not a refusal to meet provided the party offers to meet with the other parties on a date within 14 days of the date initially requested for the meeting.
(2) At the conference held pursuant to Fed. R. Civ. P. 26(f), in addition to the matters specified therein, the parties shall discuss and include in their written plan and report to the Court a recommendation regarding whether Alternative Dispute Resolution would be helpful to the resolution of the case.(see Form 3 at(I)(3)). The parties’ Rule 26(f) report shall also include a proposed deadline for making discovery-related motions(see Form 3 at (d)(1)(A)).
[Adopted effective November 1, 1996; amended January 3, 2000; amended August 31, 2001; amended December 1, 2009]
2001 Advisory Committee’s Note to LR 26.1
(1) The 1993 Amendments to the Federal Rules of Civil Procedure permitted district courts to exempt classes of cases from the “initial disclosure” rules. The 2000 Amendments to the Federal Rules of Civil Procedure remove the authorization for local-rule exemption. The Committee Notes to the 2000 Federal Rules of Civil Procedure Amendments state that the purpose of the amendments are to "establish a nationally uniform practice" for initial disclosures and to "restore national uniformity to disclosure practice." Accordingly, the local rule exemptions to initial disclosures are removed.
(2) The 1993 Amendments to the Federal Rules of Civil Procedure stated, "By order or by local rule, the court may alter the limits in these rules on the number of depositions and interrogatories and may also limit the length of depositions under Rule 30 and the number of requests under Rule 36." The 1996 Local Rules Amendments interpreted that language to permit limitations on discovery for certain categories of cases. The 2000 Federal Rules of Civil Procedure Amendments remove the authorization for local-rule limitations on discovery (except for limitations on Rule 36 Admissions). The Local Rules Advisory Committee interprets this amendment as removing the authorization for the categorical limitations on discovery by local rule. In addition, the 2000 Amendments appear to remove the authority to exempt certain cases by local rule (e.g., class actions) from the Federal Rules of Civil Procedure limits on interrogatories and depositions.
(3) Given the deletion of the remainder of 26.1(b), the Advisory Committee determined that there was no need for this cross-reference.
4) The 1996 Local Rules permitted discovery in certain classes of cases to begin before the 26(f) meeting. This rule was authorized by FED.R.CIV.P. 26(d) which provided, "Except when authorized under these rules or by local rule, order, or agreement of the parties, a party may not seek discovery from any source before the parties have met and conferred as required by subdivision (f)." The 2000 Amendments to the Federal Rules of Civil Procedure remove the authority for local-rule modification of the general rule that discovery must be delayed until after the 26(f) meeting.
(5) The 2000 Amendments to the Federal Rules of Civil Procedure removed the authority for local rule exemptions from the 26(f) meeting requirement. Thus, those exemptions have been removed from the local rule. The 2000 Federal Rules of Civil Procedure Amendments lengthened the lead-time between 26(f) meeting and pretrial conference from 14 to 21 days. This change is reflected in the local rule. Nothing in the 2000 Amendments limits the district court's authority to clarify the means of scheduling a 26(f) conference or specify the content of the report to the court. Accordingly, these provisions of the local rule are unchanged.