RULE 70. GENERAL PROVISIONS
- (a) General:
- (1) Methods and Limitations of Discovery: In conformity with
these Rules, a party may obtain discovery by written
interrogatories (Rule 71), by production
of documents or things (Rules 72 and 73), by depositions upon consent of the
parties (Rule 74), by depositions
without consent of the parties in certain cases (Rule 75), or by depositions of expert witnesses
(Rule 76). However, the Court expects
the parties to attempt to attain the objectives of discovery
through informal consultation or communication before utilizing the
discovery procedures provided in these Rules. Discovery is not
available under these Rules through depositions except to the
limited extent provided in Rules 74, 75, and 76. See
Rules 91(a), and 100 regarding relationship of discovery to
stipulations.
- (2) Time for Discovery: Discovery shall not be commenced,
without leave of Court, before the expiration of 30 days after
joinder of issue. See Rule 38. Discovery
shall be completed and any motion to compel such discovery shall be
filed, unless otherwise authorized by the Court, no later than 45
days prior to the date set for call of the case from a trial
calendar. Discovery by a deposition under Rules 75 and 76 may not
be commenced before a notice of trial has been issued or the case
has been assigned to a Judge or Special Trial Judge and any motion
to compel such discovery shall be completed within the time
provided by the preceding sentence. See Rules 75(a) and 76(c).
Discovery of matters which are relevant only to the issue of a
party's entitlement to reasonable litigation or administrative
costs shall not be commenced, without leave of Court, before a
motion for reasonable litigation or administrative costs has been
noticed for hearing, and discovery shall be completed and any
motion to compel such discovery shall be filed, unless otherwise
authorized by the Court, no later than 45 days prior to the date
set for hearing.
- (3) Cases Consolidated for Trial: With respect to a common
matter in cases consolidated for trial, discovery may be had by any
party to such a case to the extent provided by these Rules, and,
for that purpose, the reference to a "party" in this Title VII, in
Title VIII, or in Title X, shall mean any party to any of the
consolidated cases involving such common matter.
- (b) Scope of Discovery:
- (1) The information or response sought through discovery may
concern any matter not privileged and which is relevant to the
subject matter involved in the pending case. It is not ground for
objection that the information or response sought will be
inadmissible at the trial, if that information or response appears
reasonably calculated to lead to discovery of admissible evidence,
regardless of the burden of proof involved. If the information or
response sought is otherwise proper, it is not objectionable merely
because the information or response involves an opinion or
contention that relates to fact or to the application of law to
fact. But the Court may order that the information or response
sought need not be furnished or made until some designated time or
a particular stage has been reached in the case or until a
specified step has been taken by a party.
- (2) The frequency or extent of use of the discovery methods set
forth in paragraph (a) shall be limited by the Court if it
determines that: (A) the discovery sought is unreasonably
cumulative or duplicative, or is obtainable from some other source
that is more convenient, less burdensome, or less expensive; (B)
the party seeking discovery has had ample opportunity by discovery
in the action to obtain the information sought, or (C) the
discovery is unduly burdensome or expensive, taking into account
the needs of the case, the amount in controversy, limitations on
the parties' resources, and the importance of the issues at stake
in the litigation. The Court may act upon its own initiative after
reasonable notice or pursuant to a motion under Rule 103.
- (c) Party's Statements: Upon request to the other party and
without any showing except the assertion in writing that the
requestor lacks and has no convenient means of obtaining a copy of
a statement made by the requestor, a party shall be entitled to
obtain a copy of any such statement which has a bearing on the
subject matter of the case and is in the possession or control of
another party to the case.
- (d) Use in Case: The answers to interrogatories, things
produced in response to a request, or other information
or responses obtained under Rules 71, 72, 73, 74, 75, and 76, may be used at trial or in any proceeding in
the case prior or subsequent to trial to the extent permitted by
the rules of evidence. Such answers or information or responses
will not be considered as evidence until offered and received as
evidence. No objections to interrogatories or the answers thereto,
or to a request to produce or the response thereto, will be
considered unless made within the time prescribed, except that the
objection that an interrogatory or answer would be inadmissible at
trial is preserved even though not made prior to trial.
- (e) Signing of Discovery Requests, Responses, and
Objections:
- (1) Every request for discovery or response or objection
thereto made by a party represented by counsel shall be signed by
at least one counsel of record. A party who is not represented by
counsel shall sign the request, response, or objection. The
signature shall conform to the requirements of Rule 23(a)(3). The signature of counsel or a party
constitutes a certification that the signer has read the request,
response, or objection, and that to the best of the signer's
knowledge, information, and belief formed after a reasonable
inquiry, it is (A) consistent with these Rules and warranted by
existing law or a good faith argument for the extension,
modification, or reversal of existing law, (B) not interposed for
any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation, and (C) not
unreasonable or unduly burdensome or expensive, given the needs of
the case, the discovery already had in the case, the amount in
controversy, and the importance of the issues at stake in the
litigation. If a request, response, or objection is not signed, it
shall be stricken, unless it is signed promptly after the omission
is called to the attention of the party making the request,
response, or objection, and a party shall not be obligated to take
any action with respect to it until it is signed.
- (2) If a certification is made in violation of this Rule, then
the Court upon motion or upon its own initiative, may impose upon
the person who made the certification, the party on whose behalf
the request, response, or objection is made, or both, an
appropriate sanction, which may include an order to pay the amount
of the reasonable expenses incurred because of the violation,
including reasonable counsel's fees.
- (f) Other Applicable Rules: For Rules concerned with the
frequency and timing of discovery in relation to other procedures,
supplementation of answers, protective orders, effect of evasive or
incomplete answers or responses, and sanctions and enforcement
action, see Title X.
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