PART 1. CIVIL RULES AND GENERAL PROVISIONS

Section V. Depositions and Discovery


RULE 26.1

FORM OF CERTAIN DISCOVERY DOCUMENTS

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.

RELATED AUTHORITY

Fed. R. Civ. P. 26, 33, 34, 36


RULE 26.2

DISCLOSURES

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 complaint.

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.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 26(a)(1-3)

28 U.S.C. 473


RULE 30.1

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.

RELATED AUTHORITY

Fed. R. Civ. P. 30


RULE 33.1

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 interrogatories.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 33

28 U.S.C. 473


RULE 37.1

DISCOVERY DISPUTES

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.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 26(f)


RULE 37.2

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.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 26(c), 37(a), 78