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Rule 37.1 Discovery Disputes

(a) In the absence of a Judicial Officer establishing an alternative procedure for

handling discovery disputes, the following procedure shall apply.

(1) Discovery disputes shall be referred to a Judicial Officer only after

counsel for the party seeking the disputed discovery has made, and certified to the Court the making of, sincere, good faith efforts to resolve such disputes.

(2) The Judicial Officer may attempt to resolve the discovery dispute by

telephone conference.

(3) In the event the dispute is not resolved by the telephone conference,

the parties shall outline their respective positions by letter and the Judicial Officer shall attempt to resolve the dispute without additional legal memoranda.

(4) If the Judicial Officer still is unable to resolve the dispute, the parties

may file their respective memoranda in support of and in opposition to the requested discovery by a date set by the Judicial Officer, who may schedule a hearing on the motion to compel.

(b) No discovery dispute shall be brought to the attention of the Court, and no

motion to compel may be filed, more than ten (10) days after the discovery cut-off date.

Last revised 9/23/02. See Historical Notes for full revision history.