Eighth Judicial Court Rules

Rule 2.35 – Extension of discovery deadlines.

Rule 2.35. Extension of discovery deadlines.

  • (a) Stipulations or motions to extend any date set by the discovery scheduling order must be in writing and supported by a showing of good cause for the extension and be received by the discovery commissioner within 20 days before the discovery cut-off date or any extension thereof. A request made beyond the period specified above shall not be granted unless the moving party, attorney or other person demonstrates that the failure to act was the result of excusable neglect.

    (1) All stipulations to extend any discovery scheduling order deadline shall be lodged with the discovery commissioner and shall include on the last page thereof the words “IT IS SO ORDERED” with a date and signature block for the commissioner or judge’s signature.

    (2) A motion to extend any discovery scheduling order deadline shall be set in accordance with Rule 2.34(c).

    (b) Every motion or stipulation to extend or reopen discovery shall include:

    (1) A statement specifying the discovery completed;

    (2) A specific description of the discovery that remains to be completed;

    (3) The reasons why the discovery remaining was not completed within the time limits set by the discovery order;

    (4) A proposed schedule for completing all remaining discovery;

    (5) The current trial date; and

    (6) Immediately below the title of such motion or stipulation a statement indicating whether it is the first, second, third, etc., requested extension, e.g.:

    STIPULATION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY (FIRST REQUEST)

    (c) The court may set aside any extension obtained in contravention of this rule.

    [Added; effective October 13, 2005.]