LBR 7026-2. DISCOVERY DOCUMENTS – RETENTION, FILING, AND COPIES

LBR 7026-2. DISCOVERY DOCUMENTS – RETENTION, FILING, AND COPIES

(a) Retention by Propounding Party. The following discovery documents and proof of
service thereof must not be filed with the clerk until there is a proceeding in which the
document or proof of service is in issue:
(1) Transcripts of depositions upon oral examination;
(2) Transcripts of depositions upon written questions;
(3) Interrogatories;
(4) Answers or objections to interrogatories;
(5) Requests for the production of documents or to inspect tangible things;
(6) Responses or objections to requests for the production of documents or to inspect
tangible things;
(7) Requests for admission;
(8) Responses or objections to requests for admission;
(9) Notices of Deposition, unless filing is required in order to obtain issuance of a
subpoena in another district; and
(10) Subpoena or Subpoena Duces Tecum.
(b) Period of Retention for Discovery Documents. Discovery documents must be held by the attorney for the propounding party pending use pursuant to this rule for the period specified in LBR 9070-1(b) for the retention of exhibits, unless otherwise ordered by the court.
(c) Filing of Discovery Documents.
(1) When required in a proceeding, only that part of the document that is in issue must
be filed with the court.
(2) When filed, discovery documents must be submitted with a notice of filing that
identifies the date, time, and place of the hearing or trial in which it is to be offered.
(3) Original deposition transcripts are treated as trial exhibits and must be delivered
to the judge for use at the hearing or trial. The original deposition transcript and
a copy must be lodged with the clerk pursuant to LBR 7030-1(b).
(d) Copies of Discovery Documents.
(1) Unless an applicable protective order otherwise provides, any entity may obtain a
copy of any discovery document described in subsection (a) of this rule by making
a written request therefor to the clerk and paying duplication costs.
(2) The clerk will give notice of the request to all parties in the case or proceeding,
and the party holding the original of the requested discovery document must lodge
the original or an authenticated copy with the clerk within 14 days after service of
the clerk’s notice.
(3) Promptly after duplication, the clerk will return the original to the party who
provided it.
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