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Rule 191.2. Conference (Aug. 1998)

TEXT

Parties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the Case. All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed.

Aug. 4, 1998, eff. Jan. 1, 1999.

Notes and Comments

Comments to 1999 change:

1. This rule preserves the ability of parties by agreement and trial courts by order to adapt discovery to different circumstances. That ability is broad but not unbounded. Parties cannot by agreement modify a court order. Trial courts cannot simply "opt out" of these rules by form orders or approve or order a discovery control plan that does not contain specified matters, including a trial date and deadline for the joinder of parties. In individual instances, courts may order, or parties may agree, to use discovery methods other than those prescribed in these rules if appropriate. This rule expressly states the obligation of parties and their attorneys to cooperate in conducting discovery, and to conduct discovery only as permitted by the rules.

2. The requirement that discovery requests, notices, responses, and objections be signed also applies to documents used to satisfy the purposes of such instruments. An example is a statement that privileged material or information has been withheld, which may be separate from a response to the dis­covery request but is nevertheless part of the response.

AMENDMENTS