PART 1. CIVIL RULES AND
Section V. Depositions and Discovery
FORM OF CERTAIN DISCOVERY
The party answering, responding, or objecting
to written interrogatories, requests for production of documents
or things, or requests for admission shall quote each such
interrogatory or request in full immediately preceding the
statement of any answer, response, or objection thereto. The
parties shall also number each interrogatory, request, answer,
response, or objection sequentially, regardless of the number of
sets of interrogatories or requests.
Fed. R. Civ. P. 26, 33, 34, 36
There shall be a duty to supplement all
disclosures. These disclosures will be served upon the respective
parties and not filed with the Court.
For good cause shown, the court can excuse
parties from compliance with the disclosure requirements. In
accordance with General Order No. 101 of the United States
Bankruptcy Court for the District of Idaho, all Local Rules
regarding disclosure shall not apply in bankruptcy cases or
adversary proceedings unless specifically ordered by the Court.
A. Initial Disclosures:
Parties are not required to complete initial
disclosures as set forth in Federal Rules of Civil Procedure
26(a)(1) and discovery may commence with the filing of the
B. Disclosure of Expert Testimony:
The disclosure of expert testimony shall be in
conformance with Federal Rules of Civil Procedure 26(a)(2)(A-C)
in the form of a written report prepared and signed by the
witness. The expert witness need only identify similar cases in
which he or she has testified in the last four (4) years.
Unless the Court designates a different time,
the disclosure of expert testimony shall be made at least one
hundred twenty (120) days before the scheduled trial date, or if
the evidence is intended solely to contradict or rebut evidence
on the same subject identified by another party, within thirty
(30) days after the disclosure made by such other party.
Except for good cause shown, the scope of
subsequent testimony by an expert witness shall be limited to
those subject areas identified in the disclosure report or
through other discovery such as a deposition.
C. Pretrial Disclosures:
All pretrial disclosures shall be made in
conformance with Federal Rules of Civil Procedure 26(a)(3) at
least sixty (60) days before the scheduled trial date.
Fed. R. Civ. P. 26(a)(1-3)
28 U.S.C. § 473
LIMITATION OF DEPOSITION
In conformance with Federal Rules of Civil
Procedure 30, there is a presumption that no more than ten (10)
depositions per party will be taken by the parties. The parties
should, however, be prepared at the scheduling conference to
discuss whether the presumptive level should be decreased or
increased due to the nature of the litigation.
Fed. R. Civ. P. 30
LIMITS ON INTERROGATORIES
No party shall serve upon any other single
party to an action more than 40 interrogatories, including
subparts, (which will be counted as separate interrogatories),
without first obtaining a stipulation of such party to additional
interrogatories or, in the event the parties are unable to agree,
obtaining an order of the Court upon showing of good cause
granting leave to serve a specific number of additional
Fed. R. Civ. P. 33
28 U.S.C. § 473
Unless otherwise ordered, the court will not
entertain any discovery motion, except those motions brought by a
person appearing pro se and those brought pursuant to Rule
26(c) by a person who is not a party, unless counsel for the
moving party files with the court, at the time of filing the
motion, a statement showing that the attorney making the motion
has made a reasonable effort to reach agreement with opposing
attorneys on the matters set forth in the motion.
Fed. R. Civ. P. 26(f)
FORM OF DISCOVERY MOTIONS
(a) Any discovery motion filed pursuant to Fed.
R. Civ. P. 26 and 37 shall include, in the motion itself or in an
attached memorandum, a verbatim recitation of each interrogatory,
request, answer, response, and objection which is the subject of
the motion or a copy of the actual discovery document which is
the subject of the motion.
(b) The party filing the motion shall specify
separately and with particularity each issue that remains to be
determined at the hearing and the contentions and points and
authorities of each party as to each issue. The motion must be
set forth in one document and contain all such issues in dispute
and the contentions and points and authorities of each party. The
motion shall not refer the court to other documents in the file.
For example, if the sufficiency of an answer to an interrogatory
is in issue, the motion shall contain, verbatim, both the
interrogatory and the allegedly insufficient answer, followed by
each party's contentions, separately stated.
Fed. R. Civ. P. 26(c), 37(a), 78