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Discovery Motion Practice

The Court believes that 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 movant has complied with the “meet and confer” requirement of Local Rule 37.2.  The motion must state with specificity when and how the movant complied with Local Rule 37.2.  Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and communication that takes place face to face or by telephone. The exchange of correspondence will not normally be sufficient to comply with Local Rule 37.2.

All parties should be fully prepared to argue any discovery motion on the date that it is presented. The Court often will rule on discovery motions after hearing argument at the motion call and without briefing.  If after hearing argument, the Court believes that the motion requires briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly. Parties are reminded to notify the Court immediately if they are withdrawing any previously filed discovery motions.

Parties are reminded that there is no “order” in which discovery must occur, and that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. In addition, unless provided for under applicable law, the pendency of a dispositive motion does not, in itself, operate to stay discovery.

Electronic Discovery Disputes

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server, computer, service provider or similar electronic storage facility (ESF), before a motion to compel is filed, the parties are required to meet and confer with an IT representative of the ESF to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery must also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records. This electronic discovery conference may take place in person or by telephone, and both sides should be prepared to discuss specifically the parameters of both the search and the ESF. For information regarding the Voluntary E-Mediation Program, please refer to: http://www.discoverypilot.com/content/e-mediation-program


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