Discovery

There is an ongoing debate among the secretaries about filing of discovery documents. While it is clear we do not file Requests and Responses, some believe we must file the Certificate of Serivce or Affidavit of Service of those discovery requests as well as the Affidavit of Service of a Subpoena. I was under the impression that we do not file anything discovery-related unless it has to do with discovery motions. Is there a state or local rule to clarify that?

Yes, there are rules that would help guide you. I suggest, however, that you check with the attorneys you work for to assure you are doing it the way they want.

Thank you for your response, but that’s just the problem…it isn’t something the attorneys take care of, so they are as much in debate regarding the issue as the secretaries. While, the e-filing system gladly accepts the documents (as there is a fee for each document e-filed), there is no specific guideline. I’ve searched for the rules on this but have found none, other than rules related to serving and filing of the discovery motions, stipulations, and the like- nothing with regard to Certificate of Service/Affidavit of Service on discovery requests/responses or Subpoenas.