E.D.N.C. Local Civil Rule 26.1

(a) Discovery Materials Not to Be Filed Unless Ordered or Needed.

Discovery materials, including but not limited to disclosures and objections

required under Fed. R. Civ. P. 26, depositions upon oral examination and

interrogatories, requests for documents, notices to take a deposition, expert

witness designations, expert witness reports, requests for admissions, and

answers and responses thereto, are not to be filed unless by order of the court

or for use in the proceedings. All such papers must be served on the other

parties entitled to service of papers filed with the clerk. The party taking a

deposition or obtaining any material through discovery is responsible for its

preservation and delivery to the court if needed or so ordered.

(1) Medical Records. When filed in accordance with subsection (a),

copies of medical records shall not be open to inspection or copying

by any persons except the parties and their attorneys. Thus, any

medical records must be accompanied by a motion to seal as provided

in Local Civil Rule 79.2.

(2) Final Pretrial Disclosures. A party shall satisfy the requirement to

file disclosures and objections thereto under Fed. R. Civ. P. 26(a)(3)

solely by including the information required by Local Civil Rule

16.1(b)(1) in the proposed final pretrial order.

(b) Conducting Discovery.

In all civil actions, the parties shall schedule and conduct discovery in

accordance with the order entered pursuant to Fed. R. Civ. P. 16. All

discovery shall be served so as to allow the respondent sufficient time to

answer prior to the time when discovery is scheduled to be completed. To

shorten discovery time, it is expected that discovery procedures will proceed

concurrently. After the time for completing discovery has expired, further

discovery may proceed only by order of the court and shall not interfere with

the conduct of either the final pretrial conference or the trial.

(c) Numbering Discovery Procedures.

Each time a particular discovery procedure is used, it shall be sequentially

numbered (e.g., “First Set,” “Second Set,” “First Request,” “Second

Request,” etc.) so that it will be distinguishable from any prior procedures.

(d) Discovery Disputes Expedited Briefing Schedule.

Any motion relating to a discovery dispute shall be handled on an

expedited basis:

(1) Memoranda in support of or in opposition to a discovery motion shall

not exceed the length limit stated in Local Civil Rules 7.2(f)(2)(B)

and 7.2(f)(3)(B) and shall otherwise comply with Local Civil Rules

7.1(c) and 7.2.

(2) Responses and accompanying documents relating to discovery

motions shall be filed within 14 days after service of the motion in

question, unless otherwise ordered by the court.

(3) Replies are not permitted in discovery disputes. See also Local Civil

Rule 7.1(g)(2).

(4) In any instance in which oral argument is scheduled, the parties may

be given the option of oral presentation by telephone in lieu of a live

appearance.

(e) Other Discovery Matters.

(1) Through appropriate written discovery, a party may obtain discovery

of the existence and contents of any insurance agreement under

which any person carrying on an insurance business may be liable to

satisfy part or all of a judgment that may be entered in an action or to

indemnify or reimburse any party for payments made to satisfy the

judgment. The discovery permitted shall include inspection and

copying of any such agreements pursuant to Fed. R. Civ. P. 34.

Information concerning the insurance agreement is not by reason of

disclosure admissible in evidence at trial. For purposes of this

subparagraph, an application for insurance shall not be treated as part

of an insurance agreement.

(2) In accordance with Fed. R. Civ. P. 16(b), this court will routinely

issue an order for a discovery plan and will thereafter enter a

scheduling order. The planning meeting required by Fed. R. Civ. P.

26(f) and the report contemplated by said rule are a mandatory part

of the process of formulating a scheduling order. A report in

accordance with the following form shall be sufficient to comply with

Fed. R. Civ. P. 26(f), although the parties may include greater detail

or additional topics. If the parties cannot agree on a joint report, each

party shall file a separate Rule 26(f) report setting forth its position

on disputed matters. In cases in which mediation is not mandatory

pursuant to Local Civil Rule 101.1a, the parties may include in their

report an agreement to mediate and a proposed timetable for

conducting that mediation.

THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

___________ DIVISION

No. __:_____-CV-___-__

JANE T. SMITH, )

)

Plaintiff, )

) REPORT OF THE PARTIES’

v. ) PLANNING MEETING

) Fed. R. Civ. P. 26(f)

AARON R. JONES et al., )

)

Defendants. )

)

1. The following persons participated in a Rule 26(f) conference on <Date> by <State the

method of conferring>:

<Name>, representing the <plaintiff>

<Name>, representing the <defendant>

2. Initial Disclosures. The parties [have completed] [will complete by <Date>] the initial

disclosures required by Rule 26(a)(1).

3. Discovery Plan. The parties propose this discovery plan:

<Use separate paragraphs or subparagraphs if the parties disagree.>

(a) Discovery will be needed on these subjects: <Describe>.

(b) <Dates for commencing and completing discovery, including discovery to be

commenced or completed before other discovery.>

(c) <Maximum number of interrogatories by each party to another party, along with

the dates the answers are due.>

(d) <Maximum number of requests for admission, along with the dates responses are

due.>

(e) <Maximum number of depositions by each party.>

(f) <Limits on the length of depositions, in hours.>

(g) <Dates for exchanging reports of expert witnesses.>

(h) <Dates for supplementations under Rule 26(e).>

(i) <Any issues about disclosure, discovery, or preservation of electronically stored

information, including the form or forms in which it should be produced.>

(j) <Any issues about claims of privilege or of protection as trial-preparation

materials, including—if the parties agree on a procedure to assert these claims after

production—whether to ask the court to include their agreement in an order under

Federal Rule of Evidence 502.>

4. Other Items:

(a) <A date if the parties ask to meet with the court before a scheduling order.>

(b) <Requested dates for pretrial conferences.>

(c) <Final dates for the plaintiff to amend pleadings or to join parties.>

(d) <Final dates for the defendant to amend pleadings or to join parties.>

(e) <Final dates to file dispositive motions.>

(f) <State the prospects for settlement.>

(g) <Identify any alternative dispute resolution procedure that may enhance settlement

prospects and the timing of such procedure.>

(h) <Final dates for submitting Rule 26(a)(3) witness lists, designations of witnesses

whose testimony will be presented by deposition, and exhibit lists.>

(i) <Final dates to file objections under Rule 26(a)(3).>

(j) <Suggested trial date and estimate of trial length.>

(k) <Other matters.>

Date: <Date> <Signature of the attorney or unrepresented

party>

________________________________________

<Printed name>

<Address>

<E-mail address>

<Telephone number>

Date: <Date> <Signature of the attorney or unrepresented

party>

________________________________________

<Printed name>

<Address>

<E-mail address>

<Telephone number>