Discovery

Rules Governing Section 2254 Cases in the U.S. District Courts

Rule: 6

Jurisdiction: US

Bluebook Citation: § 2254 R. 6

(a) Leave of Court Required. A judge may, for good cause, authorize a party to conduct discovery under the Federal Rules of Civil Procedure and may limit the extent of discovery. If necessary for effective discovery, the judge must appoint an attorney for a petitioner who qualifies to have counsel appointed under 18 U.S.C. § 3006A. (b) Requesting Discovery. A party requesting discovery must provide reasons for the request. The request must also in- clude any proposed interrogatories and requests for admission, and must specify any requested documents. (c) Deposition Expenses. If the respondent is granted leave to take a deposition, the judge may require the respondent to pay the travel expenses, subsistence expenses, and fees of the petition- er's attorney to attend the deposition.

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