D. Utah DUCivR 37-1

Resolution Without Court Assistance.

(1) The parties must make reasonable efforts to resolve a discovery dispute

arising under Fed. R. Civ. P. 26 through 37 before seeking court assistance.

(2) At a minimum, those efforts must include a prompt written

communication sent to the opposing party:

(A) identifying the discovery disclosure or request at issue, the

response, and specifying why the response or objection is

inadequate; and

(B) requesting to meet and confer, either in person or by telephone,

and include suggested dates and times.

(b) Short Form Discovery Motion.

(1) If the discovery dispute remains after reasonable efforts, and the parties

need a court order to resolve the dispute, the parties (either individually

or jointly) must file a Short Form Discovery Motion, which should not

exceed 500 words exclusive of caption and signature block.

(2) The motion must:

(A) include a certification that states—

(i) the parties made reasonable efforts to reach agreement on

the disputed matters;

(ii) the date, time, and method of the reasonable efforts; and

(iii) the names of all participating parties or attorneys;

(B) include as the only exhibits to the motion a copy of the disputed

discovery request and any response; and

(C) be filed no later than 45 days after the prompt written

communication in section 37-1(a)(2) was sent to opposing counsel,

unless the court grants an extension of time for good cause. Failure

to meet the deadline may result in automatic denial of the motion.

(3) The opposing party must file its response 5 business days4 after the filing

of the motion, unless the court orders otherwise. The response must not

exceed 500 words, exclusive of caption and signature block and must not

include any additional exhibits.

(4) At the time of filing a motion or response, each party must email to

chambers and the opposing party a proposed order in a word processing

format.

(5) To resolve the dispute, the court may:

(A) set a hearing without waiting for a response to the motion;

(B) decide the motion after the opposing party has had an opportunity

to respond, either at a hearing or in writing; or

(C) request additional briefing and set a briefing schedule.

(6) A party may request leave to file an overlength short form discovery

motion or response consistent with DUCivR 7-1.

(7) A motion to quash a subpoena or a motion related to the standard

protective order is exempt from the Short Form Discovery Motion

requirements above and must follow DUCivR 7-1(a)(4)(D).

(c) Expedited Consideration.

When filing its motion in CM/ECF, the moving party must first select the “Short

Form Discovery” event and then select “Expedite.”

4 This provision is not subject to the addition of 3 days provided by Fed. R. Civ. P. 6(d).

(d) Discovery Dispute Conference.

The parties may request that the court conduct a discovery dispute conference

by contacting chambers or filing a stipulated one-page motion requesting a

discovery dispute conference, which includes suggested dates and times the

parties are available.

Deposition Dispute.

This rule does not apply to disputes arising during a deposition. Those disputes,

including those that arise under Fed. R. Civ. P. 30(d)(3), may be resolved by

contacting the assigned judge by phone.

Objection to Magistrate Judge’s Discovery Ruling.

(1) Fed. R. Civ. P. 72(a) and DUCivR 72-2 govern objections to the magistrate

judge’s oral or written discovery ruling.

(2) When filing an objection, the party must seek expedited treatment.