Ind. Marion Cnty. Mass Tort Local Rule LR49-TR26 Rule 708

PROPOUNDED TO PLAINTIFFS

A. Time for responding. In a non-exigent case, a plaintiff shall respond to Defendants’

Master Set of Interrogatories and Requests for Production no later than 120 days after the VIDS was

filed or the service of the discovery, whichever is later. In an exigent case, a plaintiff shall respond to

Defendants’ Master Set of Interrogatories and Requests for Production no later than 30 days after the

date that the Motion for Expedited Trial Setting was filed, the filing of the VIDS, or service of the

discovery, whichever is later. Responses to any other case-specific discovery shall be due 60 days

after the date of service of the discovery requests, including requests for admission. Defendants may

serve Master Discovery by letter, which must specifically reference the TID number assigned to the

document containing the discovery requests being served.

B. Case-specific discovery. Individual defendants may serve additional written discovery in

individual cases that is not duplicative of the Master Set of Interrogatories and Requests for Production

or of other defendants’ case-specific discovery in the individual case.

C. Effect of Service. Defendants shall not serve duplicative discovery. All Master

Interrogatories or Master Requests for Production of Documents served by one defendant in a

particular case shall be deemed to have been served on behalf of all defendants, and any defendant

may rely on a plaintiff’s answers or responses to the Master Discovery regardless of whether that

defendant actually served the Master Discovery or when the defendant appeared in the case. Likewise,

any defendant may seek to compel responses or otherwise enforce Master Discovery Requests.

Any other discovery served by one defendant in a particular case shall be deemed to have been

served on behalf of all defendants who file a notice of joinder in the discovery within 10 days of the

service of the discovery on Plaintiff. Any defendant who joins in the discovery may rely on a plaintiff’s

answers or responses to discovery regardless of which defendant actually served the written discovery

or when the defendant appears in the case. Accordingly, any defendant who filed a joinder may seek

to compel responses or otherwise enforce the case specific discovery requests.

D. Required Records or Materials. A plaintiff shall provide to the joint defense records

gathering service copies of the following documents if in plaintiff’s or his counsel’s possession, or

signed and dated authorizations to obtain the same:

1. Plaintiff/Worker’s medical and hospital records, and diagnosing and treating physician’s

records in the possession of the plaintiff, plaintiff’s counsel or their agents, including any written

reports relating to any alleged diagnosis or alleged confirmation of any diagnosis of an asbestos-related

disease or disease process or any other disease allegedly caused by airborne contaminants;

2. Pension records and all related information;

3. Social Security Administration Work Histories (Form SSA-7050);

4. X-ray films, CT scans, and/or pathologies which are in the possession of the plaintiff,

plaintiff’s counsel and/or their agents, or in the alternative, specifically identify the person or entity in

possession of these materials;

5. Federal Income Tax Returns (Form 1040 or 1040A for the prior seven years, or in the case

of a decedent, for the seven years preceding his or her death);

6. Any and all forms, claims, or other documents submitted to any trust or other entity on

plaintiff’s behalf related to any injury plaintiff claims is a result of alleged asbestos exposure;

7. Any and all documents generated by any health and/or disease screening in which the

plaintiff participated;

8. A list of all previous lawsuits in which the plaintiff was involved, identifying them by

name, location, cause number, filing date, and current status;

9. Signed and undated releases, compliant with the Health Insurance Portability and

Accountability Act, authorizing such Defendants’ designee to obtain complete copies of

Plaintiff/Worker’s:

a. Medical, hospital and other health care records;

b. Radiology and/or pathology materials, which shall be addressed individually to the

“Department of Radiology” and the “Department of Pathology;”

c. Employment records;

d. Pension records and information;

e. Social Security Administration work histories (Form SSA-7050);

f. Federal income tax returns (Form 1040 or 1040A) for the prior seven (7) years, or

in the case of a decedent, for the seven years preceding his or her death;

g. Forms, claims, or other documents submitted to any trust or other entity on

plaintiff’s behalf related to any injury plaintiff claims is a result of alleged asbestos

exposure; and

h. Records of any screenings in which Plaintiff participated.

10. A list of all health care providers who have treated Plaintiff/Worker within the last 20

years.

11. Medicare Form A-1 (HICN request) and Medicare Form A-2 (Authorization to Release

Information).

The time limit for providing this information to the joint defense records gathering service is

within 30 days of filing the VIDS in non-exigent cases, and within 15 days of filing the VIDS in

exigent cases.

E. Standing to Compel Releases. Any defendant shall have the right to petition the Court

for an Order to compel the plaintiff to provide a signed release if more than 30 days have passed from

the time plaintiff was provided a release to be signed. The requirements of Trial Rule 26(F) shall apply

to a petition to compel release.