Home Judicial Officers Rules, Plans, and Orders Electronic Filing Clerk's Office Visiting the Court Information For Careers

LR 26.2 Filing Discovery Material

(a) A party or other person may not file discovery material specified in Fed.R.Civ.P. 5(d)(1) and certificates of service for such discovery material except:

(1) when it provides factual support for a motion, response or reply. The party or other person relying on the material must file only the germane portion of it as an exhibit or attachment to the motion, response, or reply.

(2) when it is read or otherwise used during a trial or other proceeding. The party or other person relying on the material must file it at the conclusion of the trial or other proceeding in which it was used or at a later time that the court permits.

(3) on order of the court.

(4) if discovery material not previously filed is needed for an appeal, the party or other person with custody of the discovery material must file it either by stipulation or court order.

(b) Deposition material must be filed in written form. A written transcript of an audio taped or videotaped deposition will be accepted.

(c) The originating party or other person must maintain discovery material for six months after expiration of the last applicable appeal period, or until the court directs otherwise.

(d) If the court orders filing, the party or other person with custody of the discovery material must file it within 14 days of service of the order.


COMMENT: Documents filed electronically must comply with the Court's ECF Policies and Procedures (Appendix ECF to these rules).

At the October 2008 Judges' Meeting, the Court authorized the Chief Judge to enter Administrative Order No. 08-AO-047 directing the Clerk to correct LR 26.2(a) to include "certificates of service for such discovery material" among those items that may not be filed nunc pro tunc to April 1, 2008.

April 1, 2008


Home -- Local Rules & Plans -- LR 26.2 Filing Discovery Material