Rule 40-6. Discovery Performance

(a) Unless otherwise specified by agreement of the parties or judicial order, the parties shall perform their obligations under Sections 40-1 through 40-10 by making available at reasonable times specified information or materials for inspecting, testing, copying and photographing.

(b) Unless otherwise specified by agreement of the parties or judicial order, the parties shall provide any information or materials ordered to be disclosed or that the parties are otherwise obligated to disclose pursuant to this chapter that are within the possession, custody, or control of such parties in an electronic format via electronic means to the other party. In the event that the file size of such electronic information or materials exceeds the file size limitations for emailing such information or materials, the party entitled to receive such information or materials shall provide the party obligated to disclose such information or materials an electronic storage medium or electronic storage media with sufficient storage capacity to accommodate the electronic transfer of such information or materials.

Committee Notes

(P.B. 1978-1997, Sec. 737.) (Amended June 11, 2021, to