EDCR 5.402

(a) Unless otherwise ordered, all discovery disputes (except disputes presented at a pretrial conference or at trial) must be heard first by the discovery commissioner.

(b) Upon reasonable notice, the discovery commissioner may direct the parties to appear for a conference with the discovery commissioner concerning any discovery dispute. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the discovery commissioner. Counsel may not stipulate to vacate or continue a conference without the discovery commissioner’s consent.

(c) The discovery commissioner may shorten or extend any of the deadlines for the filing of any discovery motion.

(d) A discovery motion must set forth by separate affidavit of moving counsel that after a discovery dispute conference or a good faith effort to confer, the parties were unable to resolve the matter satisfactorily, detailing with specificity what attempts to resolve the dispute were made, what was resolved and what was not resolved, and the reasons therefor. A conference requires a personal, telephonic, or videoconference between or among the parties; if such conference was not possible, the motion shall set forth the reasons why the conference was not held. The movant must sufficiently detail in an affidavit the essential facts to enable the discovery commissioner to pass preliminary judgment on the adequacy and sincerity of the good faith discussion between the parties. It must include the name of the parties who conferred or attempted to confer and the manner in which they communicated. The affidavit must demonstrate that counsel discussed their disputed issues with the same level of detail and legal support as is contained in their briefing before the court.

(e) If the responding party failed to answer discovery, the motion shall set forth what good faith attempts were made to obtain compliance. If, after request, the responding party fails to participate in good faith in the conference or to answer the discovery, the court may require such party to pay to any other party the reasonable expenses, including attorney fees, caused by the failure.

(f) The discovery commissioner may stay any disputed discovery proceeding pending resolution by the court.

(g) Responding to discovery requests. Answers to interrogatories must set forth each question in full before each answer. Each objection to an interrogatory, a request for admission, or a demand for production of documents and each application for a protective order must include a verbatim statement of the interrogatory, question, request, or demand, together with the basis for the objection. A request or motion to compel further answer to any written discovery must set forth in full the interrogatory or request and the answer or answers thereto.

(h) Following the hearing of any discovery motion, or other contested matter heard by or submitted to a discovery commissioner, the discovery commissioner must prepare a report with recommendations for a resolution of each unresolved dispute.

(1) The discovery commissioner may direct counsel to prepare the report.

(2) The discovery commissioner must file the report with the court and serve a copy of it on each party.

(3) Upon receipt of a discovery commissioner’s report, any objections, and any response, the court may:

(A) Affirm and adopt, reverse, or modify the discovery commissioner’s ruling without a hearing;

(B) Set the matter for a hearing; or

(C) Remand the matter to the discovery commissioner for reconsideration or further action.

(i) Papers or other materials submitted for the discovery commissioner’s in camera inspection must be accompanied by a captioned cover sheet that indicates it is being submitted in camera. All in camera submissions must also contain an index of the specific items submitted. A copy of the index must be furnished to all other parties. The party submitting the materials in camera must provide one Bates stamped copy of the materials without redactions and one identically Bates stamped set of materials with proposed redactions.