E.D. Wis. Civil L. R. 26

(a) Conference of the Parties; Planning for Discovery. The parties’

discovery plan must indicate whether they anticipate any party will be required to

disclose or be requested to produce electronically stored information. If so the parties

must consider:

(1) the reasonable accessibility of electronically stored information and

the burdens and expense of discovery of electronically stored information;

(2) the format and media for the production of electronically stored

information;

(3) measures taken to preserve potentially discoverable electronically

stored information from alteration or destruction;

(4) procedures for asserting post-production claims of privilege or of

protection as trial-preparation material; and

(5) other issues in connection with the discovery of electronically stored

information.

(b) Disclosure of Expert Testimony.

(1) Unless otherwise stipulated or ordered by the Court, each party must

disclose to every other party the substance of all evidence under Fed. R. Evid.

702, 703 or 705 that the party may use at trial, including the evidence of

witnesses who have not been retained or specially employed to provide

testimony, subject to the following:

(A) Each party must provide the written report required under

Fed. R. Civ. P. 26(a)(2)(B) for a witness who has been retained or

specially employed to provide expert testimony or one whose duties as

the party’s employee regularly involve giving expert testimony.

(B) A person, including a treating physician, who has not been

retained or specially employed to provide expert testimony, or whose

duties as the party’s employee do not regularly involve giving expert

testimony, may be used to present evidence under Fed. R. Evid. 702, 703

or 704 only if the party offering the evidence discloses to every other

party the information identified in Fed. R. Civ. P. 26(a)(2)(C).

(2) Absent a stipulation or a Court order, disclosures required under this

rule must be made in accordance with Fed. R. Civ. P. 26(a)(2)(C).

(c) Completion of Discovery. Unless the Court orders otherwise, all

discovery must be completed 30 days before the date on which trial is scheduled.

Completion of discovery means that discovery (including depositions to preserve

testimony for trial) must be scheduled to allow depositions to be completed,

interrogatories and requests for admissions to be answered, and documents to be

produced before the deadline and in accordance with the provisions of the Federal

Rules of Civil Procedure. For good cause, the Court may extend the time during which

discovery may occur or may reopen discovery.

(d) Standard Definitions Applicable to All Discovery.

(1) The full text of the definitions set forth in subparagraph (2) is

deemed incorporated by reference in all discovery, and may not be varied by

litigants, but does not preclude (i) the definition of other terms specific to the

particular litigation, (ii) the use of abbreviations, or (iii) a more narrow

definition of a term defined in paragraph (2).

(2) Definitions. The following definitions apply to all discovery:

(A) Communication. The term “communication” means the

transmittal of information (in the form of facts, ideas, inquiries, or

otherwise).

(B) Document. The term “document” is defined to be

synonymous in meaning and equal in scope of the usage of this term in

Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate

document within the meaning of this term.

(C) To Identify.

(i) With Respect to Persons. When referring to a person,

“to identify” means to give, to the extent known, the person’s full

name, present or last known address, and when referring to a

natural person, additionally, the present or last known place of

employment. Once a person has been identified in accordance

with this subparagraph, only the name of that person need be

listed in response to subsequent discovery requesting the

identification of that person.

(ii) With Respect to Documents. When referring to

documents, “to identify” means to give, to the extent known, the

(i) type of document; (ii) general subject matter; (iii) date of the

document; and (iv) author(s), addressee(s), and recipient(s).

(D) Person. The term “person” is defined as any natural person

or any business, legal, or governmental entity, or association.

(e) Confidentiality of Discovery Materials.

(1) All motions and stipulations requesting a protective order must

contain sufficient facts demonstrating good cause. Upon a showing of good

cause, the Court may enter a protective order regarding confidentiality of all

documents produced in the course of discovery, all answers to interrogatories,

all answers to requests for admission, and all deposition testimony. A protective

order template is attached as an Appendix to these Local Rules.

(2) A party may challenge the designation of confidentiality by motion.

The movant must accompany such a motion with the statement required by

Civil L. R. 37. The party prevailing on any such motion is entitled to recover

as motion costs its actual attorney fees and costs attributable to the motion.

(3) At the conclusion of the litigation, all material not received in

evidence and treated as confidential under this Rule must be returned to the

originating party. If the parties so stipulated, the material may be destroyed.

(f) Filing Papers Under Seal. A party seeking to file a paper under seal

must follow the procedure set forth in General L. R. 79(d). This includes the filing of

information covered by a protective order.