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Discovery Matters

The scheduling order sets forth:

1) The time for filing witness lists (which are to be exchanged at least 30 days prior to the close of discovery);

2) The discovery cutoff dates.

Discovery motions are sometimes referred to the Magistrate Judge. The Court expects counsel to resolve discovery matters themselves. If the Court is unnecessarily involved in a discovery dispute, costs will be assessed against the unsuccessful party. Discovery cutoff dates can be extended by mutual agreement of counsel provided it does not affect the final pretrial or the trial dates. The Court will convene a conference for scheduling discovery under Fed.R.Civ.P. 26(f) upon informal request of the parties. Generally, the Court allows four to six months for discovery and requires, if possible, disclosure of all witnesses, including experts, one to two months prior to discovery cutoff. The Court has had occasion to strike interrogatories served by the parties that exceed the authorized number. The parties may stipulate to conducting more than 10 depositions. The Court adheres strictly to the requirements of E.D. Mich. LR 37.1 concerning "narrowing areas of disagreement" and will hear no discovery motions unless the parties have conferred regarding their discovery disputes.


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