US · rules
D.S.C. Local Civ. Rule 26.04
Pretrial Discovery for Civil Actions Exempted From Fed. R. Civ. P. 26(a)(1)
Pretrial discovery in all civil cases that are exempt under Fed. R. Civ. P. 26(a)(1)(B) must be
completed within a period of ninety (90) days following the joinder of issues unless otherwise
ordered. If any expert witnesses will be called, Fed. R. Civ. P. 26(a)(2) disclosures shall be
made at least twenty-eight (28) days before the close of discovery. Fed. R. Civ. P. 26(a)(3)
disclosures shall be completed as set forth in that federal rule. No otherwise applicable deadline
is waived absent order to that effect. 16
In other appropriate cases not covered by Fed. R. Civ. P. 26(a)(1)(B), the court may, by
order, waive some or all of the otherwise applicable requirements and direct the parties to
proceed under this rule. See Local Civ. Rule 16.00 (D.S.C.) (discussing non-exempt pro se
actions).
16 Cases listed in Fed. R. Civ. P. 26(a)(1)(B) are expressly exempted from (1) the initial
disclosure requirements of Fed. R. Civ. P. 26(a)(1); (2) the conference and report requirements
of Fed. R. Civ. P. 26(f); and (3) the related Fed. R. Civ. P. 26(d) bar on discovery before the
conference. Numerous other deadlines set by federal and local rule (e.g., Fed. R. Civ. P.
26(a)(2)-(3) and Local Civ. Rule 26.05 (D.S.C.)) remain in effect absent order to the contrary.
See generally Local Civ. Rule 16.02(C) (D.S.C.) (listing most federal and local rule deadlines).
Provenance
- Source
- www.scd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
050c91e638e3aac46c0b4d8aef96e00df6d14f876eeceb17888e2e760dff35b0
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