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RELATED DOCUMENTS:
Third Circuit - DE Dist
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 Motion to Compel Discovery

 

 United States District Court
 Eastern District of Pennsylvania

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

No Time Limit Imposed by FRCP

There is no deadline imposed by the Federal Rules of Civil Procedure for moving to compel pursuant to more...   

Attempt to Resolve Without Court Action and Certification

The party moving to compel disclosure or discovery must attempt to resolve the dispute informally with the party more...

Cut-off or Deadline

The court must set a motion cut-off date or deadline. . more...

Local Briefing Schedule

Consult Judge's Procedures

Each Eastern District judge has standing orders and procedures governing motion practice, including procedures for scheduling motions. more...

Serve Opposition Papers 14 Days After Service of Motion

Any party opposing a motion must serve a brief in opposition, together with any answer or other response, more...

Motions for reconsideration or reargument shall be served and filed within 14 days after the entry of the more...

Reply Papers--Court May Require or Permit

The Court may require or permit briefs or submissions it deems necessary. . more...

Add 3 Days For Electronic Service

For electronic service, add 3 days to the prescribed period to respond. . more...

Calculating the Due Date or Deadline Pursuant to the FRCP

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...

When determining the last day of a filing period stated in days, a day on which the clerk's more...

The end of the last day of a period is defined as midnight in the court's time zone more...

In determining what is the "next" day, one must continue counting in the same direction - that is, more...

Legal holidays are set forth and defined at Rule 6(a)(6). . more...

Additional Days Pursuant to

Where Local Rules set the deadlines for service of opposition and reply papers for a period of time more...

.

Federal Rule 6(d) may not apply to the calculation of the deadline for opposition or reply papers if more...

 Rules And Requirements

Appropriate Court

A motion to compel disclosure or discovery pursuant to Rule 37 must be brought in the court where more...

Attempt to Resolve Without Court Action and Certification

The party moving to compel disclosure or discovery must attempt to resolve the dispute informally with the party more...

Local Rule Regarding Certification

The moving party must include a certification of counsel that the parties, after reasonable effort, are unable to more...

Grounds for Motion

On notice to other parties and all affected persons, a party may move for an order compelling disclosure more...

To Compel Disclosure

If a party fails to make a disclosure required by Rule 26(a), any other party may move to more...

To Compel a Discovery Response

A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. This motion more...

A deponent fails to answer a question asked under Rule 30 or 31; more...

A corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a)(4); more...

A party fails to answer an interrogatory submitted under Rule 33; or more...

A party fails to respond that inspection will be permitted or fails to permit inspection as requested more...

Related to a Deposition

When taking an oral deposition, the party asking a question may complete or adjourn the examination before moving more...

Scope of Discovery

Unless otherwise limited by court order, the scope of discovery is as follows:Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party s claim or defense including more...

Limitations -- In General

By order, the court may alter the limits in these rules on the number of depositions and interrogatories more...

Limitations on Electronically Stored Information

A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably more...

Factors to be Considered by the Court

On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed more...

The discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more...

The party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or more...

The burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, more...

.

Trial Preparation -- Materials

Documents and Tangible Things

Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or more...

They are otherwise discoverable under Rule 26(b)(1); and more...

The party shows that it has substantial need for the materials to prepare its case and cannot, without more...

.

Protection Against Disclosure

If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, more...

Previous Statement

Any party or other person may, on request and without the required showing, obtain the person s own previous statement more...

A written statement that the person has signed or otherwise adopted or approved; or more...

A contemporaneous stenographic, mechanical, electrical, or other recording or a transcription of it that recites substantially verbatim more...

.

Trial Preparation -- Experts

Deposition of Expert Who May Testify

A party may depose any person who has been identified as an expert whose opinions may be presented more...

Trial-Preparation Protection for Draft Reports or Disclosures

Rule 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the more...

Trial-Preparation Protection for Communications Between a Party s Attorney and Expert Witnesses

Rule 26(b)(3)(A) and (B) protects communications between the party s attorney and any witness required to provide a report under more...

(i) relate to compensation for the expert s study or testimony; more...

(ii) identify facts or data that the party s attorney provided and that the expert considered in forming the opinions more...

(iii) identify assumptions that the party s attorney provided and that the expert relied on in forming the opinions to more...

.

Expert Employed Only for Trial Preparation

Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert more...

As provided in Rule 35(b); or more...

On showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on more...

.

Payment

Unless manifest injustice would result, the court must require that the party seeking discovery: more...

Pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) or (D); more...

For discovery, also pay the other party a fair portion of the fees and expenses it reasonably incurred more...

.

Trial Preparation -- Claiming Privilege

Information Withheld

When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as more...

Expressly make the claim; and more...

Describe the nature of the documents, communications, or tangible things not produced or disclosed and do so in more...

.

Information Produced

If information produced in discovery is subject to a claim of privilege or of protection as trial preparation more...

"Items" That Can Be Included in Request

A Rule 34 request can include a request to produce and permit the requesting party or its representative more...

Any designated documents or electronically stored information including writings, drawings, graphs, charts, photographs, sound recordings, images, and other more...

Any designated tangible things; or more...

To permit entry onto designated land or other property possessed or controlled by the responding party, so that more...

Failure to Provide Electronically Stored Information

Absent exceptional circumstances, a court may not impose sanctions under the rules on a party for failing to more...

Failure to Participate in Framing a Discovery Plan

If a party or its attorney fails to participate in good faith in developing and submitting a proposed more...

Subpoenas and Electronically Stored Information

May Require Production of Electronically Stored Information

A subpoena may command production of electronically stored information. A subpoena may specify the form or forms in which electronically stored information is to be produced. more...

Form for Producing Electronically Stored Information Not Specified

If a subpoena does not specify a form for producing electronically stored information, the person responding must produce more...

Electronically Stored Information Produced in Only One Form

The person responding need not produce the same electronically stored information in more than one form. . more...

Inaccessible Electronically Stored Information

The person responding need not provide discovery of electronically stored information from sources that the person identifies as more...

Motion Granted--Expenses

If the motion is granted or if the disclosure or requested discovery is provided after the motion more...

The movant filed the motion before attempting in good faith to obtain the disclosure or discovery without court more...

The opposing party s nondisclosure, response, or objection was substantially justified; or more...

Other circumstances make an award of expenses unjust. more...

.

Motion Denied -- Court May Issue Protective Order

If the motion to compel is denied in whole or in part, the court may issue a Rule more...

Motion Granted in Part and Denied in Part

If the motion is granted in part and denied in part, the court may issue any protective order more...

 Motion Papers

Caption

Motion papers must contain a caption with the court's name, a title, a file number, and a Rule more...

Motion

A motion must be made in writing, (unless made during a hearing or at trial), and must set more...

Supporting Brief Required

Except for uncontested motions and certain routine motions to compel discovery, every motion must be accompanied by a more...

Page Limits On Briefs

Neither the Federal Rules of Civil Procedure nor the Eastern District of Pennsylvania Local Rules provide a specific more...

For additional information about a particular Eastern District judge's requirements, . more...

No Brief Required For Routine Motion to Compel

A routine motion to compel: more...

need not be supported by a brief, and need not attach a copy of the interrogatories or request more...

Set Forth Relevant Parts Verbatim

Every motion "pursuant to the Federal Rules of Civil Procedure governing discovery" must identify and set forth, verbatim, more...

Disputes Regarding Quotations from Discovery Materials

The Court will resolve any disputes about the accuracy of any quotation or discovery materials used, and may more...

Certification of Effort to Resolve Dispute

Every motion "or other application pursuant to the Federal Rules of Civil Procedure governing discovery" must contain a more...

Certificate Required for Uncontested Motions

Every uncontested motion must be accompanied by a written statement as to the date and manner of service more...

Request for Oral Argument

Any interested party may request oral argument on a motion. . more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Electronic Signatures for ECF System

For electronic document filed using the Electronic Case Filing ("ECF") system, the ECF user log-in and password serve more...

Signature Block for Electronic Documents on ECF System

Documents filed on the ECF system must include a signature block setting forth the name, address, telephone number more...

Signature Code For Documents Not Filed on ECF System

An attorney who does not file documents on the ECF system and instead submits documents as PDF files more...

Additional Requirements for Electronic Signatures

For more information on signatures for Electronic Documents, Eastern District of Pennsylvania SmartRules procedural guide: more...

Additional Requirements

Eastern District of Pennsylvania SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any more...

Eastern District of Pennsylvania SmartRules procedural guide: DECLARATIONS. more...

Discovery Materials

If material in interrogatories, requests, answers, responses, or depositions is used as evidence in connection with any motion, more...

Disputes Regarding Quotations from Discovery Materials

The Court will resolve any disputes about the accuracy of any quotation or discovery materials used, and may more...

 Additional Documents

Declaration Regarding Sanctions

Any request for sanctions in connection with discovery should include a declaration supporting the amount of sanctions requested. more...

Proposed Order Required

Every motion must be accompanied by "a form of order which, if approved by the court, would grant more...

 FILING AND SERVICE

Electronic Case Filing ("ECF") System

Filing Documents Electronically

For instructions on filing papers using the ECF system, Eastern District of Pennsylvania SmartRules procedural guide: FILING DOCUMENTS. more...

Service on Parties Who Have Consented to Electronic Service

When a party files a document using the ECF system, the system sends a Notice of Electronic Case more...

Service on Parties Who Have Not Consented to Electronic Service

Parties who have not consented to electronic service are entitled to receive a paper copy of any electronically more...

Certificate of Service Required for Contested Motions

Every motion not certified as uncontested must be accompanied by "a written statement as to the date and more...

Certificate of Service for Electronic Filing

All documents filed using the ECF system must contain a Certificate of Service stating that the document has more...

ECF Requirements Re Traditional Service

Any paper not filed using the ECF system must be filed by submitting: a copy of the papers more...

Traditional Filing and Service Rules

Filing and Service Required

All papers must be served on each of the parties. . Papers and certificate of service must be filed within a reasonable time after service. more...

Traditional Service

Service must be made by mail, personal delivery, or, with written consent, by any other means. . more...

 HEARING AND DISPOSITION

Oral Argument at Court's Discretion

The Court may require oral argument, whether or not requested by a party. The Court may also dispose of a motion without oral argument. more...

Electronic Entry of Court Order

The clerk will file all signed orders on the ECF system.Any order filed electronically without the judge's original signature has the same force and effect as if the more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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