Maryland District Court has posted amendments to its local civil rules, effective July 1, 2010.

Notice of the amendments can be found here. Comments accepted through June 1!

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure that govern ex parte motions in the United States District Courts. For more detailed information, including local rules, on ex parte motions in a specific United States District Court, please see the SmartRules United States District Court Ex Parte Motion Guide for the court where your action is pending.

Ex Parte Motion Rules:

There are no provisions of the Federal Rules of Civil Procedure governing ex parte papers. Customarily, ex parte papers include: (1) the ex parte application, providing a short statement of the relief sought and the grounds on which the application is based; (2) a memorandum of points and authorities supporting the application, including any evidentiary declarations; (3) a declaration regarding notice to the opposing party; and (4) a proposed order.

A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name – or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. FRCP 11(a).

There are no provisions of the Federal Rules of Civil Procedure that govern filing and service of ex parte papers. Customarily, ex parte papers are filed with the Court and personally served on opposing parties the same day. Many judges have special rules and procedures regarding ex parte applications.

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure that govern responses to requests for production in the United States District Courts. For more detailed information, including local rules, on responses to requests for production in a specific United States District Court, please see the SmartRules United States District Court Response to Requests for Production Guide for the court where your action is pending.

Timing:

It is accepted practice that parties propound discovery requests after the early meeting of counsel required by Rule 26(f). Federal Rules of Civil Procedure 33 (interrogatories), 34 (requests for production) and 36 (requests for admission), amended 12/01/07, no longer explicitly provide that discovery may not be propounded until after the Rule 26(f) meeting.

Unless by mutual agreement, the inspection may not be scheduled for a time sooner than thirty (30) days after the request is served, if personally served, and not sooner than thirty-three (33) days after service by mail. FRCP 34(b)(2)(A)(amended 12/01/07); FRCP 6(d)(amended 12/01/07). 

The time to respond may be shortened or extended as directed by the court, or agreed to in writing by the parties. FRCP 34(b)(2)(A)(amended 12/01/07).

Unless the court orders otherwise, the parties may stipulate that procedures governing or limiting discovery be modified — but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial. FRCP 29 (amended 12/01/07).

The court must set a discovery cut-off date. FRCP 16(b)(3)(A)(amended 12/01/07).

Response to Request for Production Rules:

For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons. FRCP 34(b)(2)(B)(amended 12/01/07).

The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form – or if no form was specified in the request – the party must state the form or forms it intends to use. FRCP 34(b)(2)(D)(amended 12/01/07).

Case law authority holds that failure to timely respond to a request for production waives all objections.

An objection to part of a request must specify the part and permit inspection of the rest. FRCP 34(b)(2)(C)(amended 12/01/07).

Objections may include:

1. Relevancy (the request seeks information that is outside the scope of permissible discovery);

2. Privilege (the request seeks information that is protected by the attorney-client, work product, or other privilege);

3. Privacy (the request seeks information that is protected by an individual’s right of privacy);

4. Unduly burdensome and oppressive (the cost and time necessary to comply with the request are unfairly burdensome); and/or

5. That the request does not describe the documents or other items sought with reasonable particularity.

 A Rule 34 request can include a request to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control:

Any designated documents or electronically stored information – including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations – stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

Any designated tangible things; or

To permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. FRCP 34(a)(amended 12/01/07).

Customarily, responses to requests for production identify in the first paragraph the propounding party, the responding party, and the set number of the requests. Thereafter, the responding party provides an agreement to comply, an objection, or a partial objection to each request.

The following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon land, and (iv) requests for admission. FRCP 5(d)(amended 12/01/07).

Responses must be served on all parties who have appeared in the action. FRCP 5(a)(amended 12/01/07).

Unless by mutual agreement, the inspection may not be scheduled for a time sooner than thirty (30) days after the request is served, if personally served, and not sooner than thirty-three (33) days after service by mail. FRCP 34(b)(2)(A)(amended 12/01/07); FRCP 6(d)(amended 12/01/07).

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure that govern requests for production in the United States District Courts. For more detailed information, including local rules, on requests for production in a specific United States District Court, please see the SmartRules United States District Court Requests for Production Guide for the court where your action is pending.

Timing:

It is accepted practice that parties propound discovery requests after the early meeting of counsel required by Rule 26(f). Federal Rules of Civil Procedure 33 (interrogatories), 34 (requests for production) and 36 (requests for admission), amended effective 12/01/07, no longer explicitly provide that discovery may not be propounded until after the Rule 26(f) meeting.

The court must set a discovery cut-off date. FRCP 16(b)(3)(A)(amended 12/01/07).

Unless by mutual agreement, the inspection may not be scheduled for a time sooner than thirty (30) days after the request is served, if personally served, and not sooner than thirty-three (33) days after service by mail. FRCP 34(b)(2)(A)(amended 12/01/07); FRCP 6(d)(amended 12/01/07). 

The time to respond may be shortened or extended as directed by the court, or agreed to in writing by the parties. FRCP 36(a)(3)(amended 12/01/07).

Parties may extend or shorten discovery deadlines by agreement, except that where an extension would interfere with any time set for completion of discovery, hearing of a motion, or trial, the agreement requires approval of the court. FRCP 29 (amended 12/01/07).

Request for Production Rules:

A Rule 34 request may be served on any party to the action. FRCP 34(a)(amended 12/01/07).

As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection. FRCP 34(c)(amended 12/01/07).

A Rule 34 request can include a request to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control:

Any designated documents or electronically stored information – including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations – stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

Any designated tangible things; or

To permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. FRCP 34(a)(amended 12/01/07).

A Rule 34 request must set forth a reasonable time, place and manner for the inspection to take place. FRCP 34(b)(1)(B)(amended 12/01/07).

The request may specify the form or forms in which electronically stored information is to be produced. FRCP 34(b)(1)(C)(amended 12/01/07).

A response may include an objection to the requested form or forms for producing electronically stored information. If objection is made to the requested form or forms of producing electronically stored information–or if no form was specified in the request–the responding party must state the form or forms it intends to use. FRCP 34(b)(2)(D)(amended 12/01/07).

Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information:

(i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;

(ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and

(iii) A party need not produce the same electronically stored information in more than one form. FRCP 34(b)(2)(E)(amended 12/01/07).

Unless by mutual agreement, the inspection may not be scheduled for a time sooner than thirty (30) days after the request is served, if personally served, and not sooner than thirty-three (33) days after service by mail. FRCP 34(b)(2)(A)(amended 12/01/07); FRCP 6(e).

The following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon land, and (iv) requests for admission. FRCP 5(d)(amended 12/01/07).

The propounding party must serve the responding party, and all other parties who have appeared in the action, with the request for production. FRCP 34(a)(amended 12/01/07); FRCP 5(a)(amended 12/01/07).

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure that govern amended answers in the United States District Courts. For more detailed information, including local rules, on amended answers in a specific United States District Court, please see the SmartRules United States District Court Amended Answer Guide for the court where your action is pending.

Timing:

An answer may be amended once as a matter of right within twenty (20) days after the original answer is served. FRCP 15(a)(1)(B)(amended 12/01/07).

At any time during the action, leave of court may be sought to file an amended answer. FRCP 15(a)(2)(amended 12/01/07).

The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3)(A)(amended 12/01/07).

Amended Answer Rules:

An answer may be amended once as a matter of course within twenty (20) days after the original answer is served. FRCP 15(a)(1)(B)(amended 12/01/07). To amend an answer by right, the amended answer is simply filed with the court and served on all parties. FRCP 5(a) and (d)(amended 12/01/07).

A party may also amend its answer with written consent of the opposing party. FRCP 15(a)(2)(amended 12/01/07).

To seek leave of court to amend an answer based on stipulation, the parties customarily execute a stipulation agreeing to the amendment of the answer, then the amending party submits an ex parte application to the court, based on the stipulation, requesting leave to file the amended answer.

At any time during the action, leave of court may be sought to file an amended answer. FRCP 15(a)(2)(amended 12/01/07).

Leave of court may be sought to amend an answer to conform to proof at trial. FRCP 15(b)(amended 12/01/07).

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure related to making a motion for leave to amend in the United States District Courts. For more detailed information, including local rules, on making a motion for leave to amend in a specific United States District Court, please see the SmartRules United States District Court Motion for Leave to Amend Guide for the court where your action is pending.

Timing:

A party may amend the party’s pleading (i.e., a complaint, counterclaim or crossclaim), once as a matter of course at any time before a responsive pleading is served. FRCP 15(a)(1)(amended 12/01/07).

A pleading to which no responsive pleading is permitted (e.g., an answer) may be amended once as a matter of right within twenty (20) days after the pleading is served. FRCP 15(a)(1)(amended 12/01/07).

At any time during the action, leave of court may be sought to file an amended pleading. FRCP 15(a)(2) and (b)(amended 12/01/07).

The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3)(amended 12/01/07).

Motion for Leave to Amend Rules:

To amend a pleading where leave of court is not required, the amended pleading is simply filed with the court and served on all parties. FRCP 5(a) and (d)(amended 12/01/07). Service of process may need to be effected on parties who have not yet appeared.

To seek leave of court to amend a pleading based on stipulation, customarily the party seeking to amend prepares and obtains the signatures of the other parties on a stipulation agreeing to the amendment of the pleading, then prepares and submits an ex parte application to the Court, based on the stipulation, requesting leave to file the amended pleading.

Leave of court may be sought to amend a pleading to conform to proof at trial. FRCP 15(b)(amended 12/01/07).

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure and United States Code provisions related to filing a case managment statement in the United States District Courts. For more detailed information, including local rules, on filing a case management statement in a specific United States District Court, please see the SmartRules Case Management Statement Guide for the court where your action is pending.

Timing:

Except in categories of actions exempted by local rule, the district judge – or a magistrate judge when authorized by local rule – must issue a scheduling order:

(A) after receiving the parties’ report under Rule 26(f); or

(B) after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference or by telephone, mail, or other means. FRCP 16(b)(1)(eff 12/01/07).

The judge must issue the scheduling order as soon as practicable, but in any event within the earlier of 120 days after any defendant has been served with the complaint or 90 days after any defendant has appeared. FRCP 16(b)(2)(eff 12/01/07).

Case Management Statement Rules: 

 A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the court may require that a party or its representative be present or reasonably available by other means to consider possible settlement. FRCP 16(c)(1)(eff 12/01/07).

At any pretrial conference, the court may consider and take appropriate action on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under Federal Rule of Evidence 702;

(E) determining the appropriateness and timing of summary adjudication under Rule 56;

(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rule 26 and Rules 29 through 37;

(G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;

(H) referring matters to a magistrate judge or a master;

(I) settling the case and using special procedures to assist in resolving the dispute when authorized by statute or local rule;

(J) determining the form and content of the pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

(M) ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, thirdparty claim, or particular issue;

(N) ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a) or a judgment on partial findings under Rule 52(c);

(O) establishing a reasonable limit on the time allowed to present evidence; and

(P) facilitating in other ways the just, speedy, and inexpensive disposition of the action.

FRCP 16(c)(2)(eff 12/01/07).

After any conference under this rule, the court should issue an order reciting the action taken. This order controls the course of the action unless the court modifies it. FRCP 16(d)(eff 12/01/07).

The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice. FRCP 16(e)(eff 12/01/07).

On motion or on its own, the court may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii), if a party or its attorney:

(A) fails to appear at a scheduling or other pretrial conference;

(B) is substantially unprepared to participate – or does not participate in good faith – in the conference; or

(C) fails to obey a scheduling or other pretrial order. FRCP 16(f)(1)(eff 12/01/07).

Instead of or in addition to any other sanction, the court must order the party, its attorney, or both to pay the reasonable expenses – including attorney’s fees – incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust. FRCP 16(f)(2)(eff 12/01/07). 

Except in certain exempted cases, the court must set time limits for the joinder of parties and amendment of pleadings, the filing of motions and the completion of discovery. FRCP 16(b)(3)(A)(eff 12/01/07).

The scheduling order may:

(i) modify the timing of disclosures under Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;

(iii) provide for disclosure or discovery of electronically stored information;

(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced;

(v) set dates for pretrial conferences and for trial; and

(vi) include other appropriate matters.

FRCP 16(b)(3)(B)(eff 12/01/07).

A schedule may be modified only for good cause and with the judge’s consent. FRCP 16(b)(4)(eff 12/01/07).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure and United States Code provisions related to filing a notice of removal in the United States District Courts. For more detailed information, including local rules, on filing a notice of removal in a specific United States District Court, please see the SmartRules Notice of Removal Guide for the court where your action is pending.

Timing:

A notice of removal shall be filed within thirty (30) days after defendant’s receipt of the complaint or within thirty (30) days after service of the summons if the initial pleading is not required to be served on defendant. If the action set forth in the initial pleading is not removable, removal is timely within thirty (30) days after receipt of any pleading showing that the case is removable. 28 USC § 1446(b). Removal on diversity grounds must be effected within one (1) year of the filing date of the action. 28 USC § 1446(b).

After removal, repleading is unnecessary unless the court orders it. A defendant who did not answer before removal must answer or present other defenses or objections within the longest of these periods:

(A) 20 days after receiving – through service or otherwise – a copy of the initial pleading stating the claim for relief;

(B) 20 days after being served with the summons for an initial pleading on file at the time of service; or

(C) 5 days after the notice of removal is filed. FRCP 81(c)(2).

A party who, before removal, expressly demanded a jury trial in accordance with state law need not renew the demand after removal. If the state law did not require an express demand for a jury trial, a party need not make one after removal unless the court orders the parties to do so within a specified time. The court must so order at a party’s request and may so order on its own. A party who fails to make a demand when so ordered waives a jury trial. FRCP 81(c)(3)(A).

If all necessary pleadings have been served at the time of removal, a party entitled to a jury trial under Rule 38 must be given one if the party serves a demand within 10 days after: (i) it files a notice of removal; or (ii) it is served with a notice of removal filed by another party. FRCP 81(c)(3)(B).

Removal Rules: 

An action based on a claim or right arising under the Constitution, treaties, or laws of the United States shall be removable without regard to the citizenship or residence of the parties. 28 USC § 1441(b).

Whenever a separate and independent claim arising under federal law is joined with a non-removable claim, the case is removable, but the federal court “in its discretion, may remand all matters in which State law predominates.” 28 USC § 1441(c).

Diversity jurisdiction requires that none of the defendants be a citizen of the state in which the action was brought. 28 USC § 1441(b).

Case law authority requires that the amount in controversy must exceed $75,000 at the time of removal.

Case law authority holds that in most cases, the removing party must obtain joinder in the removal process from all defendants that have been served in the state court action, and that if joinder is not obtained, the removal papers must contain an explanation of why the non-joining defendants have not joined.

 The removing party initiates the removal process by filing a notice of removal in the United States District Court for the district and division in which the action is pending. 28 USC § 1446(a).

The notice must contain a short and plain statement of the grounds for removal and a copy of all process, pleadings, and orders served on the removing party. 28 USC § 1446(a).

Case law authority holds that if removal is based on diversity jurisdiction, the citizenship of each party and the amount in controversy must be set forth in the notice of removal.

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name – or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. FRCP 11(a).

The removing party must provide copies of all process, pleadings, and orders served on the removing party. 28 USC § 1446(a).

The removing party initiates the removal process by filing a notice of removal in the United States District Court for the district and division in which the action is pending. 28 USC § 1446(a).

The removing party shall file the notice of removal with the clerk of the state court where the action was initiated. The state court notice must include copies of all state court pleadings and orders that were served on the removing party, as well as the federal district court removal papers. 28 USC § 1446(d).

The state court notice and proof of service thereof must be filed with the federal court within a reasonable time. FRCP 5(d).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

 Use this At A Glance Guide to learn the Federal Rules of Civil Procedure related to making a jury demand in the United States District Courts. For more detailed information, including local rules, on making a jury demand in a specific United States District Court, please see the SmartRules Jury Demand Guide for the court where your action is pending.

Timing:

Jury trial must be demanded after the commencement of the action and within ten (10) days of the last pleading directed to an issue triable by jury. FRCP 38(b)(eff 12/01/07).

A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent. FRCP 38(d)(eff 12/01/07).

A party who, before removal, expressly demanded a jury trial in accordance with state law need not renew the demand after removal. If the state law did not require an express demand for a jury trial, a party need not make one after removal unless the court orders the parties to do so within a specified time. The court must so order at a party’s request and may so order on its own. A party who fails to make a demand when so ordered waives a jury trial. FRCP 81(c)(3)(A).

If all necessary pleadings have been served at the time of removal, a party entitled to a jury trial under Rule 38 must be given one if the party serves a demand within 10 days after: (i) it files a notice of removal; or (ii) it is served with a notice of removal filed by another party. FRCP 81(c)(3)(B).

Jury Demand Rules:

On any issue triable of right by a jury, a party may demand a jury trial by:

(1) serving the other parties with a written demand – which may be included in a pleading – no later than 10 days after the last pleading directed to the issue is served; and

(2) filing the demand in accordance with Rule 5(d). FRCP 38(b)(eff 12/01/07).

 The demand may specify that only some of the issues raised by the action be tried by a jury; otherwise, it shall be deemed to include all issues triable by a jury. FRCP 38(c)(eff 12/01/07).

If the demand is for jury trial on fewer than all issues triable by a jury, the opposing party has ten (10) days from service of the jury demand to demand trial by jury on the other issues. FRCP 38(c)(eff 12/01/07).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure related to responding to interrogatories in the United States District Courts. For more detailed information, including local rules, on responding to interrogatories in a specific United States District Court, please see the SmartRules Response to Interrogatory Guide for the court where your action is pending.

Timing:

If personally served, responses to interrogatories are due within thirty (30) days of service. If the interrogatories are served by mail, or if served by any other means to which the parties have agreed in writing, responses are due within thirty-three (33) days of service. FRCP 33(b)(2); FRCP 6(d).

The time to respond may be shortened or extended as directed by the court, or agreed to in writing by the parties. FRCP 33(b)(2).

Parties may agree to extend or shorten discovery deadlines, except that where an extension would interfere with any time set for completion of discovery, hearing of a motion, or trial, the agreement for extension may be made only with approval of the court. FRCP 29.

The court must set a discovery cut-off date. FRCP 16(b)(3)(A).

Response to Interrogatory Rules:

The interrogatories must be answered:

(A) by the party to whom they are directed; or

(B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or agent, who must furnish the information available to the party. FRCP 33(b)(1).

Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath. FRCP 33(b)(3)(eff 12/01/07).

The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure. FRCP 33(b)(4).

Common objections include relevancy (the interrogatory seeks information that is outside the scope of permissible discovery), privilege (the interrogatory seeks information that is protected by the attorney-client, work product or other privilege), privacy, (the interrogatory seeks information that is protected by an individual’s right of privacy), and that the interrogatory is unduly burdensome and oppressive (the cost and time necessary to interrogatory make response unfairly burdensome).

An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time. FRCP 33(a)(2).

Absent stipulation or court order, a party may serve no more than twenty-five (25) interrogatories (including subparts) on any other party. FRCP 33(a)(1).

If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:

(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and

(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries. FRCP 33(d).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.