![]() ![]() ![]() The rule also provides an abbreviated procedure to address disputes over ESI disclosure. The prior rule treated ESI the same way it treated the initial disclosure of hard-copy documents (40 days) which the court found to be infeasible in the typical case. Electronically Stored Information (ESI) – New Rule 26.1(b) provides that the parties are to cooperate in determining in what format and when ESI should be disclosed.Depositions – New Rule 30(c)(3) includes a prohibition against “continuous and unwarranted” off-the-record conferences between a deponent and counsel (prior Rule 32(d)(3)(E)) and provides that such conferences may not occur while a question is pending unless necessary to preserve a privilege.Written Discovery – The time for responding to all manner of written discovery was shortened to 30 (from 40) days.The rule lists the following proportionality factors: (1) importance of issues at stake, (2) amount in controversy, (3) parties’ relative access to relevant information, (4) parties’ resources, (5) importance of the proposed discovery in resolving matters at issue, and (6) whether the burden and expense of the proposed discovery outweighs its likely benefit. Scope of Discovery – Rule 26(b)(1) was revised to be consistent with the federal rules and now provides a “proportionality” standard to the scope of permissible discovery.The rule further provides that the Court may sanction an uncooperative party. Joint Filings – New Rule 7.4 addresses the preparation of joint filings and provides that a party must make itself reasonably available to prepare the joint document.The rule also permits certification by a party that they have attempted, in good faith, to confer when the other party avoids such consultation. Exchanged e-mails or letters are insufficient. New Rule 7.1(h) provides that, when the rules require that a party file a “Good Faith Consultation Certificate,” the consultation must be made in person or on the telephone. Cooperation in Motion Practice – Several new rules were adopted placing an emphasis on the parties’ and counsel’s duty to cooperate.Rule 5.2 now provides that briefs must be in 13-point rather than 12-point type. Form and Length of Motions – To be consistent with the local rules of the District of Arizona, and local Maricopa County and Pima County rules, Rule 7.1 now limits principal, response, and reply briefs to 17, 17, and 11 pages respectively.In addition, new Rule 6(d) was added to make clear that, if a party must take an action pursuant to a Court Order, the date for computation is the date of the Order’s filing by the clerk and not an earlier date of approving or signing by the judge. For example, if the parties are to make a filing a certain number of days before trial and that date falls on a Saturday, the parties must make the filing the Friday before and not the following Monday. On the other hand, before an event (e.g., before trial), the next day is counted backwards. For example, if a response date falls on a Saturday, it will be due the following Monday. After an event has occurred (e.g., a response to a motion has been filed), the next day is counted forward. Rules 6(a)(3) and (4) were changed to clarify when an act must occur on the “next day” when the last day of computation falls on a Saturday, Sunday, or legal holiday. ![]() Time Computation – Two changes were made to Rule 6 regarding computation of time. ![]() The rule also encourages (but does not require) the use of hyperlinks and bookmarks.
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