D.N.J. L. Civ. R. 26.1

(a) Discovery - Generally

All parties shall conduct discovery expeditiously and diligently. In addition, all discovery conducted

shall be proportional to the needs of the case, considering the factors set forth in Federal Rule of Civil

Procedure 26(b)(1).

(b) Meeting of Parties, Discovery Plans, and Initial Disclosures

(1) The requirements currently codified in Fed. R. Civ. P. 26(a) and (f) pertaining to required

disclosures, meetings of parties, and submission of discovery plans, shall apply to all civil cases, except those

described in L.Civ.R. 72.1(a)(3)(C) in which scheduling conferences are not normally held, unless the judicial

officer otherwise directs. The judicial officer may modify or suspend these requirements in a case for good

cause.

(2) The initial meeting of parties as required in Fed. R. Civ. P. 26(f) shall be convened at least 21

days before the initial scheduling conference, and the proposed discovery plan under Fed. R. Civ. P. 26(f)(3)

shall be generated at that meeting and delivered to the Magistrate Judge within 14 days after the meeting of

parties. The parties shall submit their Fed. R. Civ. P. 26(f) discovery plan containing the parties' views and

proposals regarding the following:

(a) Any changes in timing, form, or requirements of mandatory disclosures under Fed. R. Civ. P.

26(a);

(b) The date on which mandatory disclosures were or will be made;

(c) The anticipated scope of discovery, considering the proportionality factors set forth in Federal

Rule of Civil Procedure 26(b)(1);

(d) Whether any party will likely request or produce computer-based or other digital information,

and if so, the parties' discussions of the issues listed under the Duty to Meet and Confer in L.Civ.R.

26.1(d)(3) below;

(e) The date by which discovery should be completed;

(f) Any needed changes in limitations imposed by the Federal Rules of Civil Procedure, local rule,

or standing order;

(g) Any orders, such as data preservation orders, protective orders, or orders reflecting agreements

under Federal Rule of Evidence 502, which should be entered;

(h) Proposed deadline for joining other parties and amending the pleadings;

(i) Proposed dates for filing motions and for trial;

(j) Whether the case is one which might be resolved in whole or in part by voluntary arbitration

(pursuant to L.Civ.R. 201.1 or otherwise), mediation (pursuant to L.Civ.R. 301.1 or otherwise), appointment

of a special master or other special procedure.

The parties shall make their initial disclosures under Fed. R. Civ. P. 26(a)(1) within 14 days after the

initial meeting of the parties, unless otherwise stipulated or directed by the Court. Such discovery plans and

disclosures shall not be filed with the Clerk, unless otherwise directed by the Magistrate Judge.

(c) Discovery Materials

(1) Initial and expert disclosure materials under Fed. R. Civ. P. 26(a)(1) and 26(a)(2), transcripts of

depositions, interrogatories and answers thereto, requests for production of documents or to permit entry onto

land and responses thereto, and requests for admissions and answers thereto shall not be filed until used in a

proceeding or upon order of the Court. However, all such papers must be served on other counsel or parties

entitled thereto under Fed. R. Civ. P. 5 and 26(a)(4).

(2) Pretrial disclosure materials under Fed. R. Civ.P. 26(a)(3) shall be incorporated by reference into

the order entered after any final pretrial conference under Fed. R. Civ. P. 16(d).

(3) The party obtaining any material through discovery is responsible for its preservation and

delivery to the Court if needed or ordered. It shall be the duty of the party taking a deposition to make certain

that the officer before whom it was taken has delivered it to that party for preservation and to the Court as

required by Fed. R. Civ. P. 30(f)(1) if needed or so ordered.

(d) Discovery of Digital Information Including Computer-Based Information

(1) Duty to Investigate and Disclose. Prior to a Fed. R. Civ. P. 26(f) conference, counsel shall

review with the client the client’s information management systems including computer-based and other digital

systems, in order to understand how information is stored and how it can be retrieved. To determine what must

be disclosed pursuant to Fed. R. Civ. P. 26(a)(1), counsel shall further review with the client the client’s

information files, including currently maintained computer files as well as historical, archival, back-up, and

legacy computer files, whether in current or historic media or formats, such as digital evidence which may be

used to support claims or defenses. Counsel shall also identify a person or persons with knowledge about the

client’s information management systems, including computer-based and other digital systems, with the ability

to facilitate, through counsel, reasonably anticipated discovery.

(2) Duty to Notify. A party seeking discovery of computer-based or other digital information shall

notify the opposing party as soon as possible, but no later than the Fed. R. Civ. P. 26(f) conference, and identify

as clearly as possible the categories of information which may be sought. A party may supplement its request

for computer-based and other digital information as soon as possible upon receipt of new information relating to

digital evidence.

(3) Duty to Meet and Confer. During the Fed. R. Civ. P. 26(f) conference, the parties shall confer

and attempt to agree on computer-based and other digital discovery matters, including the following:

(a) Preservation and production of digital information; procedures to deal with inadvertent

production of privileged information; whether restoration of deleted digital information may be necessary;

whether back up or historic legacy data is within the scope of discovery; and the media, format, and procedures

for producing digital information;

(b) Who will bear the costs of preservation, production, and restoration (if necessary) of any digital

discovery.