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What is the procedure for filing disclosures?

Answer: 

Under the DUCivR 26-1, certain disclosures and discovery documents are not filed with the court unless required for specific purposes. This ensures only the necessary documents are filed with the court, while also maintaining compliance with the local rule. The following summarizes the filing requirements:

  1. Disclosures under Fed. R. Civ. P. 26(a)(1) and (2):
    • These disclosures (such as initial disclosures and expert disclosures) are not filed with the court at the time they are made. However, they may be filed later if they are used in connection with a hearing, trial, or as an exhibit to a motion, response, or reply.
  2. Notice of Deposition under Fed. R. Civ. P. 30(b):
    • Notices of deposition do not need to be filed with the court unless they are submitted for a hearing, trial, or motion-related purpose.
  3. Discovery Requests or Responses under Fed. R. Civ. P. 33, 34, or 36:
    • Discovery requests (interrogatories, requests for production, or requests for admission) and responses are not filed with the court at the time they are served. Like other discovery documents, they may be filed later if they are relevant for hearings, trials, or motions.
  4. Certificates of Service for Discovery Requests or Responses:
    • Certificates of service confirming that discovery documents were served on opposing parties are not filed with the court at the time of service, except as needed in connection with hearings or motions.
  5. Designations of Experts:
    • Designations of expert witnesses must be filed with the court, as required by the Federal Rules of Civil Procedure.

 

Filing Exceptions:

  • Although these documents, with the exception of Designations of Experts, are not initially filed with the court, they can be filed for specific purposes, such as:
    • Use at hearings or trials.
    • As an exhibit to a motion, response, or reply.

For additional guidance on the filing and service of disclosures and discovery documents, please refer to DUCivR 26-1 for more detailed rules and procedures.

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