Ind. Elkhart Cnty. Local Rule LR20-TR26-218

218.1. Filing with the Court

As required by the Trial Rules, requests for discovery shall be served upon the parties and should not be

filed with the Court unless in connection with a dispute concerning compliance with prior discovery

requests. The procedure for addressing discovery disputes is outlined in Rule 218.4 below.

218.2. Format of Discovery Requests

Parties shall utilize digital format in discover matters including, but not limited to interrogatories, requests

for production, requests for admissions and other requests for discovery.

218.3. Interrogatories

All interrogatories to parties propounded pursuant to Trial Rule 33 shall be signed and dated by the

propounding party.

218.4. Scheduling of Depositions

Pursuant to their obligations under the Indiana Rules of Professional Conduct attorneys shall make a good

faith effort to schedule depositions in a way that avoids scheduling conflicts. Unless agreed by counsel or

otherwise authorized by the court, no deposition shall be scheduled on less than ten (10) days’ notice.

218.5. Discovery Disputes

To promote the orderly and expeditious handling of cases to trial readiness, counsel shall attempt in good

faith to resolve all disagreements between or among themselves concerning the necessity for and scope of

discovery, the necessity to seek sanctions, and protection against discovery under Trial Rule 26 through

Trial Rule 37. After personal consultation and good faith attempts to resolve differences as to the

foregoing matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek

protection against discovery as aforesaid. As a part of such motion, the party shall recite the date, time,

and place of the personal consultations and the names of the participants. If counsel for any party advises

the Court in writing that counsel for any other party has refused or delayed consultation hereby

contemplated, the Court shall take such action as is appropriate to preclude, obviate, or avoid further

delay. Where an objection is raised during the taking of a deposition which threatens to prevent the

completion of the deposition and which counsel have a good faith belief is susceptible to resolution by the

court without the submission of written materials, any party may recess the deposition for the purpose of

submitting the objection by telephone or other electronic means as allowed by the court to a judicial

officer for a ruling instanter, subject to the availability of and within the discretion of the judicial officer.

Prior to contacting a judicial officer for such a ruling, all parties shall in good faith confer, or attempt to

confer, to resolve the matter without court intervention and, if court action is necessary, the parties shall

inform the judicial officer of the efforts taken to attempt to resolve the matter.