Western District of New York Document Filing Requirements

Business organization parties must disclose members, shareholders, partners, or leaders relevant to recusal within the FRCP 7.1(b) disclosure deadline.

Source text: It is therefore hereby ORDERED that in all cases, business organization parties (including corporations, LLCs, and partnerships) must identify any members, shareholders, partners, or individuals in leadership positions whose identities may reasonably bear on the Court’s decision whether to recuse, on motion or sua sponte. Such identification must be made within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

In diversity-jurisdiction actions, parties or intervenors must file a disclosure statement identifying all attributed citizenships within the FRCP 7.1(b) deadline.

Source text: It is further ORDERED that in an action in which the Court’s subject matter jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332(a), a party or intervenor must file a disclosure statement that names and identifies the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statement shall be filed within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

Business organizations must disclose members/shareholders/partners/leaders for recusal purposes within FRCP 7.1(b) timeframe.

Source text: It is therefore hereby ORDERED that in all cases, business organization parties (including corporations, LLCs, and partnerships) must identify any members, shareholders, partners, or individuals in leadership positions whose identities may reasonably bear on the Court’s decision whether to recuse, on motion or sua sponte. Such identification must be made within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

Diversity jurisdiction cases require citizenship disclosure statements within FRCP 7.1(b) timeframe.

Source text: It is further ORDERED that in an action in which the Court’s subject matter jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332(a), a party or intervenor must file a disclosure statement that names and identifies the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statement shall be filed within the timeframe for corporate disclosure statements set forth in Federal Rule of Civil Procedure 7.1(b).

Objections must be brief and cannot suggest answers to witness.

Source text: (4) Counsel shall not make objections or statements which might suggest an answer to a witness. Counsels' statements when making objections should be succinct and verbally economical, stating the basis of the objection and nothing more.

Deposing counsel must instruct witness to ask them for clarifications during deposition.

Source text: (1) At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness's own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the course of the deposition. The witness shall abide by these instructions.

Most objections are preserved and should not be made during deposition.

Source text: (2) All objections, except those which would be waived if not made at the deposition under Fed.R.Civ.P. 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Fed.R.Civ.P. 30(d), shall be preserved. Therefore, those objections need not and shall not be made during the course of deposition.

Counsel cannot instruct witness not to answer except for privilege or court limitations.

Source text: (3) Counsel shall not direct or request that a witness not answer a question, unless that counsel has objected to the question on the ground that the answer is protected by a privilege or a limitation on evidence directed by the court.

Private off-the-record conferences prohibited except for privilege decisions.

Source text: (5) Counsel and their witness/clients shall not initiate or engage in private off-the-record conferences during depositions or during breaks or recesses, except for the purpose of deciding whether to assert a privilege.

Private conferences are subject to inquiry for witness-coaching.

Source text: (6) Any conferences which occur pursuant to, or in violation of, guideline (5) are a proper subject for inquiry by deposing counsel to ascertain whether there has been any witness-coaching and, if so, what.

Private conferences must be noted on record with purpose and outcome.

Source text: (7) Any conferences which occur pursuant to, or in violation of, guideline (5) shall be noted on the record by the counsel who participated in the conference. The purpose and outcome of the conference shall also be noted on the record.

Deposing counsel must provide document copies to witness counsel before or during deposition.

Source text: (8) Deposing counsel shall provide to the witness' counsel a copy of all documents shown to the witness during the deposition. The copies shall be provided either before the deposition begins or contemporaneously with the showing of each document to the witness. The witness and the witness' counsel do not have the right to discuss documents privately before the witness answers questions about them.

One question at a time; witness must fully answer before next question.

Source text: (9) There shall be only one question at a time put to a witness. Counsel shall permit the witness to fully answer before propounding subsequent or follow-up questions. If the witness indicates he or she does not understand the question, counsel shall simply rephrase the question. There is to be no characterization or comment by examining counsel as to any answer given by a witness. Should the answer reasonably appear to counsel to be unresponsive, counsel may so advise the witness and his or her counsel and have the question repeated by the stenographer

No argument with opposing counsel; objections noted and witness answers.

Source text: (10) Examining counsel shall not engage in any argument with opposing counsel as to these issues, rather his objection shall be taken on the record and appropriate relief from this court may be sought upon completion of the examination. Similarly, counsel for a witness shall not engage in any argument with examining counsel as to the objectionability of any question. Rather, he may note his objection and permit the witness to answer the question, subject to the objection.

Witness/counsel must advise if unclear and permit rephrasing; no argument about questions.

Source text: (11) If a witness or his or her counsel is unclear as to any question, he or she shall so advise counsel and permit the examining counsel an opportunity to rephrase or withdraw the witness' question. Neither witness nor counsel shall make any comment or engage deposing counsel in an argument (other than grounds therefore) about the nature of the question or the witness' request for clarification.

Examining counsel must not interrupt witness answering questions.

Source text: (12) Examining counsel shall at no time interrupt a witness while he or she is attempting to answer a question. Counsel shall await the witness' complete response to a question before advancing any follow-up questions or moving on to a new subject.

No unnecessary recitation or lengthy quotations from discovery materials.

Source text: (13) Examining counsel shall refrain from unnecessary on-the-record recitation or lengthy quotations from discovery materials or documents except as is necessary to put specific questions to the witness related to such material or documents.

Non-compliance may result in sanctions including civil contempt and attorney fees.

Source text: FAILURE TO COMPLY WITH ANY THE FOREGOING MAY RESULT IN SANCTIONS PURSUANT TO FED.R.CIV.P. 37(b)(2), INCLUDING CIVIL CONTEMPT, AND ATTORNEYS FEES INCURRED BECAUSE OF A PARTY’S OR AN ATTORNEY’S NON- COMPLIANCE. SEE FED.R.CIV.P. 16(f).