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Rule 191.4. Filing of Discovery Materials (Aug.1998)


(a) Discovery materials not to be filed. The following discovery materials must not be filed:

(1) discovery requests, deposition notices, and subpoenas required to be served only on parties;

(2) responses and objections to discovery requests and deposition notices, regardless on whom the requests or notices were served;

(3) documents and tangible things produced in discovery; and

(4) statements prepared in compliance with Rule 193.3(b) or (d).

(b) Discovery materials to be filed. The following discovery materials must be filed:

(1) discovery requests, deposition notices, and subpoenas required to be served on nonparties;

(2) motions and responses to motions pertaining to discovery matters; and

(3) agreements concerning discovery matters, to the extent necessary to comply with Rule 11

(c) Exceptions. Notwithstanding paragraph (a) -

(1) the court may order discovery materials to be filed;

(2) a person may file discovery materials in support of or in opposition to a motion or for other use in a court proceeding; and

(3) a person may file discovery materials necessary for a proceeding in an appellate court.

(d) Retention requirement. Any person required to serve discovery materials not required to be filed under this subdivision must retain the original or exact copy of the materials during the pendency of the case and any related appellate proceedings and for two years thereafter, unless otherwise provided by the trial court.

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.


Prior Amendments Future Amendments
  Nov. 9, 1998, eff. Jan. 1, 1999