Documents of Discovery

(a) Filing Prohibited. Pursuant to Fed. R. Civ. P. 5(d)(1), initial disclosures under Fed. R. Civ. P. 26(a)(1)(A), depositions, interrogatories, requests for documents, requests for admissions, answers, responses, and objections, expert disclosures, expert reports, notices of deposition, notices of service of subpoena, and certificates or notices indicating service of discovery documents on opposing parties are not routinely filed. (b) Filing Required. Regardless of subsection (a), when any motion is filed relating to discovery, the party filing the motion must attach as exhibits to the motion all documents relevant to the motion if the documents have not been previously filed.

Any such discovery filed including depositions should be properly redacted to comply with Fed. R. Civ. P. 5.2. Public access to such discovery will not be restricted unless filed under seal pursuant to Local Rule 5.2. (c) Other Motions. Discovery responses or admissions relied on as evidence relevant to another type of motion, such as summary judgment, are D.Mont L.R. 26.1 Rule 26(f) Conference and Discovery Plan 43 | P a g e considered exhibits rather than discovery documents and are not governed by this rule.

(d) Expert Disclosures. At trial, reports by retained experts and disclosures of testifying non-retained experts must be available for review by the court.