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Discovery Motions

The Court believes that the parties can and should work out most discovery disputes, and thus discourages the filing of discovery motions. The Court will not hear or consider any discovery motion unless the parties have complied with the meet and confer requirement under Local Rule 37.2 . Any discovery motion must state with specificity when and how the movant complied with Local Rule 37.2 by separate certificate filed with the motion and attested to by the attorney.

Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes through communications and negotiations that take place in person or over the telephone. Judge Cox believes face to face communications regarding discovery disputes are the most effective way to resolve them and requires counsel for parties to meet in person unless it is impracticable to do so.  Rule 37.2: The Certificate must state that this requirement has been met, and why it cannot be met with particularity.The mere exchange of correspondence will not be sufficient to comply with Local Rule 37.2. Parties who fail to indicate that they have met in person in attempts to resolve their dispute risk having their motion stricken.

All parties must be fully prepared to orally argue any discovery motion on the date that it is presented. The Court will often decide discovery motions after oral argument at the motion call and without briefing. Parties are not allowed to file a brief in response without leave of Court.

Counsel shall not write letters to Judge Cox, nor send any correspondence between the parties to Judge Cox, in connection with a pending action unless the letter or correspondence is sent for purposes of settlement, see Standing Order on Setting Settlement Conferences, or the letter is sent to apprise the Court of any materials being delivered to Chambers or is otherwise required by the Court.

Discovery Conferences
The Court believes that many discovery disputes, particularly those involving the appropriate scope of discovery, can best be resolved in a discovery conference with the Court.  If the parties believe such a conference could be helpful, they should request a status conference to allow the Court to inquire about the dispute(s) and to set a date for the conference and any submission of materials the Court will require to resolve the dispute(s).

Requesting Discovery Extension
In cases where discovery is managed by Judge Cox for the District Court, no oral motions for discovery extension will be granted.  Parties wishing to extend discovery must file a written motion for discovery extension stating the basis for any additional time.

Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.