LCRLJ 26


26 (a) Civil Discovery

(1) Discovery shall be permitted pursuant to CRLJ 26(a) – (c)
without further order of the court.   All discovery pursuant
to CRLJ 26 (a) – (c) shall be completed by the date of the
settlement conference if a jury has been demanded, or by the
date of the pre-trial hearing, if any, for a non-jury trial.

(2) Additional discovery may only be conducted by order of the
court after motion and hearing.  The settlement conference
judge has authority to authorize additional discovery and
set timelines in accordance with this rule.  No orders for
unlimited discovery pursuant to Superior Court Civil
Rules 26 – 37 shall be permitted.

(3) Either party may request a hearing for the purpose of
setting a discovery schedule.

(4) All discovery must be complete no later than thirty
(30) days prior to trial.

Adopted June 26, 2002 [Effective September 1, 2002]


26 (b)  Admissibility of Documents

The documents listed below, if relevant, are presumed admissible at the
trial, but only if the party offering the document serves on all
parties at least 30 days prior to the trial date a notice,
accompanied by a copy of the document  and the name, address and
telephone number of its author or maker.  This rule does not
restrict argument or proof related to the weight of the evidence
admitted, nor does it restrict the court's authority to determine
the weight of the evidence after hearing all of the evidence and
the arguments of opposing parties.

The documents presumed admissible under this rule are:

     (1) A bill, report, chart, or record of a hospital, doctor,
     dentist, registered nurse, licensed practical nurse, physical
     therapist, psychologist or other health care provider, on a
     letterhead or bill head;

     (2) A bill for drugs, medical appliances, or other related
     expenses on a letterhead or billhead.

     (3) A bill, or an estimate of, property damage on a letterhead
     or billhead.  In the case of an estimate, the party intending
     to offer the estimate shall forward with the notice to the
     adverse party a statement indicating whether or not the
     property was repaired, and if it was, whether the estimated
     repairs were made in full or in part, attaching a copy to the
     receipted bill showing the items or repair and the amount paid;

     (4) A police, weather, wage loss, or traffic signal report, or
     standard United States government table to the extent it is
     admissible under the Rules of Evidence, but without the need
     for formal proof of authentication or identification;

     (5) A photograph, x-ray, drawing, map, blueprint or similar
     documentary evidence, to the extent it is admissible under the
     Rules of Evidence, but without the need for formal proof of
     authentication or identification;

     (6) The written statement of any other witness, including the
     written report of an expert witness, and including a statement
     of opinion which the witness would be allowed to express if
     testifying in person, if it is made by affidavit or by
     declaration under penalty of perjury.

     (7) A document not specifically covered by any of the
     foregoing provisions but having equivalent circumstantial
     guarantees of trustworthiness, the admission of which would
     serve the interests of justice.

Any other party may subpoena the author or maker of a document,
admissible under this rule, at the party's expense, and examine the
author or maker as if under cross examination.


[Effective Date:  01/07/87; Amended 09/01/98]