Legal Resources Discovery Time Standards
Discovery Time Standards
These discovery time standards are intended to align discovery process
time frames with the new time standards for hearing cases. In some
cases, particularly Track One proceedings, shorter periods for discovery
events may be required. In other cases, there may be good reasons
for providing more time for these discovery events. In either case,
the judge will have the discretion to adjust these time frames as
required to meet the needs of the case.
- Discovery shall begin immediately after the Chief Judge's
order designating the Presiding Judge and shall take place on
a rolling schedule, with parties required to make their
best efforts to respond fully within ten business days
from date of service of the discovery request.
- If the recipient of the discovery request is unable to respond
fully within the designated period, the recipient must notify
the requesting party within five business days of the
date of service of the request, providing an explanatory statement
and a date when the request will be answered.
- Objections to discovery requests must be made within
five business days of the date of service of the discovery
request.
- Parties are expected to attempt to resolve discovery disputes
among themselves.
- Motions to compel shall be filed within five business
days of the date of service of the objections. Such motions
should include only:
- a short statement supporting the motion, which identifies the issues and the movant's position,
- a copy of the pertinent data requests and the written objections to production; and
- a statement explaining the efforts made to resolve the dispute.
- Oral argument (if required) will be scheduled to be
held within seven business days of the receipt of the
motion to compel. The time period provided in the rules of practice
and procedure for answers to motions will be shortened
so that answers (unless waived) will be due five business
days after the motion is filed, or, if oral argument is
set, two business days before the oral argument.
- Discovery shall be completed no less than five business days before the date set for hearing.