(A) Pre-Discovery Disclosure of Core Information/Other Cooperative Discovery Devices.
(1) Initial Disclosure. Except in categories of proceedings exempted by Fed. R. Civ. P. 26(a)(1)(E), to the extent otherwise stipulated or directed by court order, the parties shall, within fourteen days of the attorney conference, without awaiting any discovery requests, make the following disclosures required by Fed. R. Civ. P. 26(a)(1):
(a) The name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information sufficiently to enable the opposing party to determine if a statement or deposition should be taken, including a witness who is retained or specifically employed to provide expert testimony in the case or whose duty as an employee of the party regularly involves giving expert testimony; provided, however, that an expert who has been retained or specifically employed by a party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, need not be disclosed;
(b) a copy of all documents, data compilations, and tangible items in the possession, custody, or control of the disclosing party, that may be used to support its claims or defenses, unless solely for impeachment; provided, however, that if such documents, data compilations, and tangible items are voluminous, or if other circumstances make their production unduly burdensome or expensive, the party may describe by category and location all such documents, data compilations, and tangible things in its possession, custody or control and shall provide the opposing party a reasonable opportunity to review all such documents, data compilations and tangible items, at the site at which they are located or maintained. A party withholding information claimed privileged or otherwise protected shall submit a privilege log that contains at least the following information: name of the document; description of the document; date; author(s); recipient(s); and nature of the privilege. To withhold materials without such notice subjects the withholding party to sanctions under Fed. R. Civ. P. 37 and may be viewed as a waiver of the privilege or protection.
(c) A computation of any category of damages claimed by the party, making available for inspection and copying as under Fed. R. Civ. P. 34, the documents or other evidentiary material on which such computation is based, including materials bearing on the nature and extent of injuries suffered.
(2) Expert Witnesses. As soon as it is obtained, but in any event no later than the time specified in the case management order, a party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Fed. R. Evid. 702, 703, or 705.
(a) This disclosure shall, with respect to a witness who is retained or specifically employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness.
(b) For purposes of this section, a written report is "prepared and signed" by the expert witness when the witness executes the report after review.
(c) The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.
(d) An attempt to designate an expert without providing full disclosure information as required by this rule will not be considered a timely expert designation and may be stricken upon proper motion or sua sponte by the court.
(e) Discovery regarding experts shall be completed within the discovery period. The court will allow the subsequent designation and/or discovery of expert witnesses only upon a showing of good cause.
(f) A party shall designate treating physicians as experts pursuant to this rule, but is only required to provide the facts known and opinions held by the treating physician(s) and a summary of the grounds therefor.
(g) A party is required to supplement an expert's opinion in accordance with Fed. R. Civ. P. 26(e) and subsection (A)(7) of this Rule as if a discovery request had been made.
(3) Failure to Disclose. A party who, without substantial justification, fails to disclose information required by subsection (A) of this Rule shall not, unless such failure is harmless, be permitted to use as evidence at a trial, at a hearing, or on a motion any witness or information not so disclosed.
(a) If a party fails to make a disclosure required by this section, any other party shall move to compel disclosure and for appropriate sanctions pursuant to Fed. R. Civ. P. 37(a). The failure to take immediate action and seek court intervention if necessary when a known disclosure violation occurs will be considered by the court in determining the appropriate sanctions to be imposed regarding a subsequent motion filed pursuant to Fed. R. Civ. P. 37(c).
(b) All parties shall make their initial disclosures based on the information then reasonably available to them. The parties are not excused from making such disclosures because they have not fully completed their investigations of the case or because they challenge the sufficiency of another party's disclosures or because another party has not made its disclosures.
(4) Discovery Prior to the Case Management Conference. A party may not seek discovery from any source prior to the attorney conference held in accordance with Uniform Local Rule 16.1(B)1, except in actions exempted from the initial disclosure requirements and the attorney conference requirements pursuant to Fed. R. Civ. P. 26(a)(1)(E), unless otherwise authorized by rule, court order, or agreement of the parties.
(5) Supplementation of Disclosures. A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure to include information thereafter acquired. A party is under a duty to supplement at appropriate intervals and in no event later than the discovery cut-off established by the scheduling order.
(6) Completion of Discovery. After entry of the case management order, discovery shall proceed as permitted by the Federal Rules of Civil Procedure.
(B) Setting Discovery Deadlines. A firm discovery deadline, consistent with the track assignment, will be set by the judicial officer entering the case management order.
(1) The discovery deadline or cut-off date is that date by which all responses to written discovery shall be due according to the Federal Rules of Civil Procedure and by which all depositions shall be concluded.
(2) Counsel must initiate discovery requests and notice or subpoena depositions sufficiently in advance of the discovery cut-off date so as to comply with this rule, and discovery requests that seek responses or schedule depositions that would otherwise be answerable after the discovery cut-off are not enforceable except by order of the court for good cause shown.
(3) The parties may not, by stipulation and without the consent of the court, extend the discovery cut-off date.
(C) Attorney/Party Signatures for Requests to Extend Discovery Deadlines. The court in its discretion may require the requesting attorney and party to sign requests to extend discovery deadlines.
(D) Limits on the Use of Discovery. The court should limit the number of depositions, interrogatories, requests for production and requests for admission to the needs of each particular case consistent with the track assignment. In computation of the number of interrogatories or requests propounded, each subpart of a question shall be counted as a separate interrogatory or request.
(1) Expedited. Interrogatories, requests for production of documents, and requests for admissions should be limited to fifteen succinct questions or requests. Depositions should be limited to the parties and no more than three fact witness depositions per party without prior approval of the court.
(2) Standard. Interrogatories, requests for production of documents, and requests for admissions should be limited to thirty succinct questions or requests. Depositions should be limited to the parties and no more than five fact witness depositions per party without prior approval of the court.
(3) Complex. The case management order should provide for discovery consistent with the needs of the case.
(4) Administrative. No discovery should be the norm.
(5) Mass torts. The case management order should provide for discovery consistent with the needs of the case.
(E) Motion Practice in the Context of Discovery. All discovery motions must be filed so that they do not affect the discovery deadline. This subject is otherwise governed by Uniform Local Rule 7.2