IV. DISCOVERY, CALLS, PRETRIAL AND

DEPOSITIONS

RULE 26. DISCOVERY AND PRODUCTION OF DOCUMENTS AND THINGS FOR INSPECTION, COPYING, OR PHOTOGRAPHING

(a) Order to Produce: Upon motion of any party showing good cause therefor and upon notice to all other parties, the Court may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which are in his or its possession, custody, or control and which constitute or contain evidence (including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts) regarding any matter that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party; or (2) order any party to permit entry upon designated land or other property in his or its possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated object or operation thereon which is relevant as described in (1) above.

(b) Relation to Admissible Evidence: It is not ground for objection to the motion that the evidence will be inadmissible at the trial if the evidence sought appears reasonably calculated to lead to the discovery of admissible evidence.

(c) Scope of Order: The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just. The Court may make an order that the inspection, copy

ing, measuring, surveying, or photographing shall be limited to certain matters, or that secret processes, developments, or research need not be disclosed; or the Court may make any other order which justice requires to protect the party from embarrassment, or oppression.

RULE 27. CALLS

annoyance,

(a) By the Court on its own Motion: On its own motion the Court may at any time call upon any department or agency of the United States for any information or papers it deems

necessary.

(b) In Behalf of the Parties: Upon motion by any party for call upon any adverse party, the Court may order such adverse party to file with the Clerk (subject to the provisions of subsection (c) (2) of this rule), within such time as the Court in its order may specify, for purposes of discovery or for use as evidence at the trial, (1) any documents, papers, books, accounts, letters, photographs, objects, or other tangible things, not privileged, shown to be relevant to the issues of the case, or (2) information relating to the identity and location (i) of persons having knowledge of relevant facts or (ii) of documents or things described in (1) above. Every order for the production of documents or things shall direct that insofar as possible the response to the call shall include either the original and one copy or duplicate copies of each item to be filed.

(c) When not Made; When Modified: (1) No call will be made in behalf of any party for any document or thing which, prior to the motion for call, has been produced by the adverse party for inspection, copying, or photographing pursuant to an order issued under Rule 26, except upon a showing by the moving party that duplication by him by copying or photographing the document or thing was impracticable for the purposes of the discovery to be made or the proof to be adduced by him.

(2) Upon a showing by the party to whom a call has been directed, made 15 or more days before the date on which the call is required to be answered, that any document or thing called for has been or will be produced by him at a specified time and place for inspection, copying, or photographing by the moving party, the call may be modified to the extent of excusing the party to whom the call was directed from filing with the Clerk such document or thing; Provided: That the call will not be so modified if the moving party shall, within 10 days after the showing by the called party, show that (i) inspection by him at the specified time or place, or (ii) duplication by him by copying or photographing the document or thing is impracticable for the purposes of the discovery to be made or the proof to be adduced by him.

(d) Motions for Calls: A motion for call may be filed by a party plaintiff at any time after the expiration of the time within which defendant is required to file its answer, except that plaintiff may file a motion for call upon defendant at any time after the filing of the petition in the circumstances provided for in Rule 13.

A motion for call upon any party plaintiff may be filed by any party defendant at any time after the filing of plaintiff's petition.

Every motion for a call shall show with reasonable particularity (1) the documents, papers, books, accounts, letters, photographs, objects, or other tangible things desired, and (2) how or in what respect they are relevant to the issues of the case in terms of discovery or proof. Such motion shall also state that such document (or copies thereof) or things are not in the possession of the moving party. Documents and things shall be deemed to be defined with reasonable particularity to the extent that each such document or thing is so identified that its extraction from the files or other method of identification and procurement may reasonably be made by the officer or employee responsible for the records. Objection that the documents or

things called for would not be admissible in evidence will not be considered if it appears from the motion that such documents or things are reasonably calculated to lead to the discovery of admissible evidence.

Every motion for call upon a department or agency of the United States (1) shall be directed to the specific department or agency concerned, (2) shall be made separate and distinct from every other motion for call upon another such department or agency, and (3) shall be filed in triplicate.

(e) Use of Replies to Calls: No document or thing or information filed with the Clerk in response to a call in behalf of a party, and no information or papers supplied by any department or agency of the United States in response to a call by the Court on its own motion, shall become evidence in a case until offered by a party and received in response thereto or unless included by express direction of the Court or the Commissioner. The introduction into evidence of any such document or thing or information shall be subject to the same objections by any party as might be made to the introduction of other evidence.

(f) Refusal or Failure to Reply to Calls; Consequences: (1) Failure to Produce Documents, Papers, or Information: If any document or thing or information, called for and not produced, is thereafter offered in evidence by the party to whom the call was directed, the Court or the Commissioner may deny the offer.

(2) Refusal of Plaintiff to Reply to Call: If any plaintiff to whom a call has been directed shall refuse to reply thereto in whole or in material part, the Court or the Commissioner may order that the case shall not proceed until the call has been fully answered.

(3) Failure to Reply Within Specified Time: Failure by a party to respond to a call within the time specified in the order, or any extension thereof, may be deemed a refusal to respond, with consequences as provided in (1) and (2) above, and in Rule 36 (b) (2).

RULE 28. PRETRIAL PROCEDURE

(a) Conferences: In any action, the Commissioner to whom the case is referred may in his discretion direct the attorneys for the parties to appear before him to consider

(1) The simplification of the issues;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of avoiding unnecessary proof (a) by admissions of fact and (b) by the reception of documents in evidence;

(4) The limitation of the number of expert witnesses;

(5) Such other matters as may aid in the disposition of the action.

(b) Submission of Documents and Statements: In lieu of or in addition to the procedures provided in (a) above, the Commissioner may, within times to be fixed by him:

(1) Direct any party to submit to any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. Copies of the documents shall be supplied with the request. Each of the matters of which an admission is requested shall be deemed admitted unless, within the period designated by the Commissioner for the response, the party to whom the request is directed furnishes the party requesting the admission either (i) a written response denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters or (ii) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part together with a notice that the Commissioner is requested to hear the objections at the earliest practicable time. If written objections to a part of the request are made, the remainder