D. Wyo. U.S.D.C.L.R. 26.1

(a) Formal Discovery Shall Not Commence Until Initial Disclosure Served.

It is the policy of this District that discovery shall be open, full and complete within the

parameters of the Federal Rules of Civil Procedure. Except as authorized under Fed. R. Civ. P.

26(d), formal discovery, including oral depositions, service of interrogatories, requests for

production of documents and things, and requests for admissions, shall not commence until the

parties have complied with Fed. R. Civ. P. 26(a)(1).

(b) Stay of Discovery.

Unless otherwise ordered, the filing of a dispositive motion or motion for protective

order, prior to the filing of all responsive pleadings, shall stay the requirement to exchange

initial disclosures as required by Fed. R. Civ. P. 26(a)(1) and all other formal discovery until a

ruling on the motion has been made.

(c) Discovery of Electronically Stored Information.

Prior to a Fed. R. Civ. P. 26(f) conference, counsel should confer with their clients about

electronically stored data system(s), including its operation, storage, retrieval and ability to

search. Counsel shall review the client’s electronically stored information to identify, preserve

and disclose (as required under the Rules of Discovery) any contents and format which may be

used to support claims or defenses.

(1) Duty to Notify. A party seeking discovery of electronically stored

information shall notify the opposing party immediately, but no later than the Fed. R. Civ. P.

26(f) conference, and clearly identify the categories of information which may be sought.

(2) Duty to Meet and Confer. The parties shall meet and confer regarding the

following matters during the Fed. R. Civ. P. 26(f) conference:

(A) Electronically stored data/information (in general). Counsel shall

attempt to agree on steps the parties will take to segregate and preserve electronically stored

data/information;

(B) Email information. Counsel shall attempt to agree as to the scope

of email discovery and attempt to agree upon an email search protocol. This should include an

agreement regarding inadvertent production of privileged email messages;

(C) Deleted information. Counsel shall confer and attempt to agree

whether or not restoration of deleted information may be necessary, the extent to which

restoration of deleted information is needed, and who will bear the costs of restoration; and

(D) Back-up data. Counsel shall attempt to agree whether or not back-up data may be necessary, the extent to which back-up data is needed, and who will bear the cost

of obtaining back-up data.

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(d) Discovery Disclosures, Requests and Responses.

(1) Initial disclosures (self-executing routine discovery exchange) pursuant to

Fed. R. Civ. P. 26(a)(1), interrogatories under Fed. R. Civ. P. 33 and answers thereto, requests for

production or inspection under Fed. R. Civ. P. 34, requests for admissions under Fed. R. Civ. P.

36, and responses thereto, shall be served upon other counsel or parties, but shall not be filed.

Certificates or notices of compliance are not required and shall not be filed. If relief is sought

under Fed. R. Civ. P. 26(c) or 37 and authorized by the Court to be filed under Local Rule 37.1(b),

copies of the disputed portions of the interrogatories, requests, answers or responses shall be

filed contemporaneously with any such motion.

(2) Parties may agree to produce any or all documents electronically, rather

than by other means.

(e) Discovery of Expert Testimony.

(1) All expert designations shall be filed.

(2) The parties are limited to the designation of one expert witness to testify

for each particular field of expertise, absent a showing that complex issues necessitate expert

witnesses with narrow, specialized areas of expertise within a larger general field.

(3) A party may depose any person who has been identified and designated

as an expert witness pursuant to Fed. R. Civ. P. 26(a)(2).

(4) At the time of the initial pretrial conference, the Court shall, unless good

cause appears to the contrary:

(A) establish deadlines by which any party shall designate expert

witnesses under Fed. R. Civ. P. 26(a)(2); and

(B) require the expert witness designation(s) to indicate in reasonable

detail the areas and fields of expertise and the qualifications of the witness as an expert in said

areas and fields.

(5) The disclosure of expert witness testimony shall comply with Fed. R. Civ.

P. 26(a)(2). In addition, the party designating the expert witness shall set forth all special

conditions or requirements the designating party or the expert witness will insist upon with

respect to the taking of his or her deposition, including the amount of compensation the expert

witness will require and the rate per unit of time at which the compensation will be payable. In

the event counsel is unable to obtain such information to include in the designation, the efforts

to obtain the same and the inability to obtain such information shall be set forth in the

designation.

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(A) In the event a designation of an expert witness fails to set forth

the compensation to be paid by a party for the deposition of the expert, or fails to set forth the

efforts to obtain such information for designation, any adverse party shall be entitled to depose

such witness at the fee provided by the Federal Rules of Civil Procedure.

(B) In the event the amount and rate of the compensation is

designated for the expert witness, and the deposition of that expert witness is taken without

further action, discussion or agreement between counsel, then the amount described in the

designation shall be paid by the party or parties taking the deposition.

(C) Nothing shall prevent the parties involved from agreeing to other

terms and conditions and amount of compensation following the designation.

(D) In all cases where there is a dispute as to the proper compensation

or other conditions relative to the taking of an expert discovery deposition, or an inability to

obtain information concerning compensation, a party may file a motion with the Court pursuant

to Fed. R. Civ. P. 26(b)(4) and (c) or Fed. R. Civ. P. 45(d). The Court will, thereafter, issue its

order setting forth the terms, conditions, protections, limitations and amounts of compensation

to be paid by the party taking the deposition.

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