Saturday, December 26, 2009

Thinking on Local Rules - Their Limited Use and Value

Having written on local rules used in Allen County, Delaware County, Grant County, Henry County, Shelby County, and Fayette County, it is my own county's - Madison - that hit me upside the head this past month.

Let me quote the particular rule that lead to this post:

Interrogatories shall be limited to a total of fifty (50), including subparts, and be used solely for the purpose of discovery and shall NOT be used as a substitute for the taking of a deposition. For good cause shown, additional interrogatories may be permitted.
(And for the non-lawyers, you might notice that this rule is not to be found under the family law rules but under the Trial Rules.)

Secretary counts the Interrogatories from opposing counsel and they quite exceed the number allowed under the Local Rule. Motion to Strike filed on December 11 is denied on December 14.

Is it worth appealing this Order? Not in this case. Does the judge's Order defeat the purpose of the Local Rule? You bet.

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