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LR 26.3 Discovery Materials Offered in Evidence as Exhibit

Except as provided by this rule, discovery materials, including disclosure of expert testimony, shall not be filed with the court. The party serving the discovery materials or taking the deposition shall retain the original and be custodian of it. The court, on its own motion, on motion of any party, or on application by a non-party, may require the filing of any discovery materials or may make provisions for a person to obtain a copy at that person’s own expense.  

Where discovery materials are offered into evidence as an exhibit, the attorney producing them will retain them unless the court orders them deposited with the clerk. Where the court orders them deposited, they will be treated as exhibits subject to the provisions of LR 79.1. 


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.
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