“Discovery” is the process in which a party finds out information about the issues in his or her case before the trial.  There are six ways to ask for and receive this information:  depositions, interrogatories, requests for production of documents and/or other items, request for admissions, mental examinations, and physical examinations.

You may use the methods of discovery in any order or at the same time.  What methods the other party uses does not determine what methods you may use.

Things to remember about discovery:

1.   When Can Discovery Begin?  Pursuant to Local Rule 26.1(d) no party may begin discovery in a case brought without counsel until a scheduling order has been issued.

2.   Discovery is Not Generally Filed.  Pursuant to Fed. R. Civ. P. 5(d)(1), initial disclosures under Fed. R. Civ. P. 26(a)(1)(A), depositions, interrogatories, requests for documents, requests for admissions, answers, responses, and objections, expert disclosures, expert reports, notices of deposition, notices of service of subpoena, and certificates or notices indicating service of discovery documents on opposing parties are not routinely filed. Federal Rules

3.   Discovery Motions:

a.    When any motion is filed relating to discovery, the party filing the motion must attach as exhibits to the motion all of the documents relevant to the motion if the documents have not been previously filed.

b.    The court will deny any discovery motion unless the parties have conferred concerning all disputed issues before the motion is filed.  The mere sending of a written, electronic, or voice-mail communication does not satisfy this requirement. Rather, this requirement can be satisfied only through direct dialogue and discussion in a face to face meeting, in a telephone conversation, or in detailed, comprehensive correspondence.

c.    All motions to compel or limit discovery must:

i.    set forth the basis for the motion;

ii.    certify that the parties complied with subsection (c)(1) or a description of the moving party’s attempts to comply; and

iii.    attach, as an exhibit:  the full text of the discovery sought; and  the full text of the response.

4.   Discovery Responses.  Responses and objections to discovery requests must identify and quote each request in full immediately preceding the statement of any answer or objection.

5.   Objections to Discovery:

(a)    When an objection is made to part of an interrogatory, the remainder of the interrogatory must be answered at the time the objection is made, or within the period of any extension of time to answer, whichever is later.

(b)    Failure to timely object to interrogatories or requests for the production of documents constitutes a waiver of any objection.