Legal Additional Discovery Form

LEGAL ADDITIONAL DISCOVERY FORM

Court:    Case No.:

Case Title — Plaintiff:    v.    Defendant:

RECITALS

WHEREAS, the parties are engaged in litigation in the court identified above under the caption and case number set forth herein and certain discovery responses were previously served on ;

WHEREAS, the Requesting Party, identified below, has identified and seeks production of additional documents, interrogatory responses, and admissions reasonably related to issues in the litigation; and

WHEREAS, the Responding Party has located additional information and tangible items that were not included in prior disclosures and agrees to supplement its discovery responses as set forth in this Additional Discovery Form.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this form, "Requesting Party" means the party identified as requesting additional discovery and "Responding Party" means the party identified as producing supplemental discovery. "Document" has the broadest meaning permitted by the rules of civil procedure and includes electronically stored information.

2. SCOPE OF ADDITIONAL DISCOVERY

The Responding Party shall supplement prior responses to include discovery pertaining to the period from through . The scope includes but is not limited to additional interrogatory answers, documents, and admissions that are relevant to any claim or defense in this action.

3. ADDITIONAL INTERROGATORIES

4. ADDITIONAL REQUESTS FOR PRODUCTION

5. ADDITIONAL REQUESTS FOR ADMISSION

6. DOCUMENT PRODUCTION AND FORMAT

The Responding Party shall produce non-privileged documents responsive to the requests described above. Production shall include a description of each document set or a Bates range if applicable. The parties agree to the following production format and custodian identification:

7. PRIVILEGE AND CONFIDENTIALITY

The Responding Party may withhold documents or information protected by attorney-client privilege, work product doctrine, or other applicable privilege. Any claims of privilege shall be logged with sufficient detail to permit a meaningful assessment by the Requesting Party.

Privilege or confidentiality asserted for certain produced materials. Please describe above.

8. RESPONSE TIME AND DEADLINES

The Responding Party shall serve supplemental written responses and produce non-privileged documents by no later than . If substantial production is anticipated, the Responding Party shall notify the Requesting Party in writing and propose a reasonable rolling production schedule.

9. MEET AND CONFER

Prior to seeking court intervention regarding any dispute arising under this Additional Discovery Form, the parties shall meet and confer in good faith to attempt to resolve the dispute. The parties certify that they have:

Completed a meet-and-confer session; or

Agreed to a scheduled meet-and-confer on

10. COSTS AND EXPENSES

Each party shall bear its own costs associated with the supplemental discovery unless otherwise ordered by the court or agreed in writing. If producing voluminous electronic data, the parties shall confer on reasonable cost-sharing arrangements for processing and review.

11. CERTIFICATION

The undersigned certifies under penalty of perjury under the laws of the applicable jurisdiction that the information provided in this Additional Discovery Form is true and correct to the best of the undersigned's knowledge, information, and belief, and that the supplemental responses are made in good faith.

12. NOTICES

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Additional Discovery Form shall be governed by and construed in accordance with the substantive law of the jurisdiction in which the action is pending. This Form constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. If any provision of this Form is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. AMENDMENTS; WAIVER; COUNTERPARTS

This Additional Discovery Form may be amended only by a writing signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party waiving compliance. This Form may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

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