RULE 26. DUTY TO DISCLOSE, GENERAL PROVISIONS GOVERNING DISCOVERY
1 (a) Required Disclosures.
2 (1) Initial Disclosure.
3 (A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise
4 stipulated or ordered by the court, a party must, without awaiting a discovery
5 request, provide to the other parties:
6 (i) the name and, if known, the address and telephone number of each
7 individual likely to have discoverable information--along with the subjects of that
8 information--that the disclosing party may use to support its claims or defenses,
9 unless the use would be solely for impeachment;
10 (ii) a copy--or a description by category and location--of all documents,
11 electronically stored information, and tangible things that the disclosing party has
12 in its possession, custody, or control and may use to support its claims or defenses,
13 unless the use would be solely for impeachment;
14 (iii) a computation of each category of damages claimed by the disclosing
15 party--who must also make available for inspection and copying as under Rule 34
16 the documents or other evidentiary material, unless privileged or protected from
17 disclosure, on which each computation is based, including materials bearing on the
18 nature and extent of injuries suffered; and
19 (iv) for inspection and copying as under Rule 34, any insurance agreement
20 under which an insurance business may be liable to satisfy all or part of a possible
21 judgment in the action or to indemnify or reimburse for payments made to satisfy
22 the judgment.
23 (B) Proceedings Exempt from Initial Disclosure. The following proceedings
24 are exempt from initial disclosure:
25 (i) an action for review on an administrative record;
26 (ii) a forfeiture action in rem arising from a federal statute;
27 (iii) a petition for habeas corpus or any other proceeding to challenge a
28 criminal conviction or sentence;
29 (iv) an action brought without an attorney by a person in the custody of the
30 United States, a state, or a state subdivision;
31 (v) an action to enforce or quash an administrative summons or subpoena;
32 (vi) an action by the United States to recover benefit payments;
33 (vii) an action by the United States to collect on a student loan guaranteed
34 by the United States;
35 (viii) a proceeding ancillary to a proceeding in another court; and
36 (ix) an action to enforce an arbitration award.
37 (C) Time for Initial Disclosures--In General. A party must make the initial
38 disclosures within 45 days after service of the summons and complaint unless a
39 different time is set by stipulation or court order, or unless a party objects that
40 initial disclosures are not appropriate in this action. In ruling on the objection, the
41 court must determine what disclosures, if any, are to be made and must set the time
42 for disclosure.
43 (D) Time for Initial Disclosures--For Parties Served or Joined Later. A
44 party that is first served or otherwise joined after the initial summons and
45 complaint must make the initial disclosures within 45 days after being served or
46 joined, unless a different time is set by stipulation or court order.
47 (E) Basis for Initial Disclosure; Unacceptable Excuses. A party must make
48 its initial disclosures based on the information then reasonably available to it. A
49 party is not excused from making its disclosures because it has not fully
50 investigated the case or because it challenges the sufficiency of another party's
51 disclosures or because another party has not made its disclosures.
52 (2) Disclosure of Expert Testimony.
53 (A) In General. In addition to the disclosures required by Rule 26(a)(1), a
54 party must disclose to the other parties the identity of any witness it may use at trial
55 to present evidence under N.D.R.Ev. 702, 703, or 705.
56 (B) Witnesses Who Must Provide a Written Report. Unless otherwise
57 stipulated or ordered by the court, this disclosure must be accompanied by a
58 written report--prepared and signed by the witness--if the witness is one retained
59 or specially employed to provide expert testimony in the case or one whose duties
60 as the party's employee regularly involve giving expert testimony. The report must
62 (i) a complete statement of all opinions the witness will express and the
63 basis and reasons for them;
65 (ii) the facts or data considered by the witness in forming them;
66 (iii) any exhibits that will be used to summarize or support them;
67 (iv) the witness's qualifications, including a list of all publications authored
68 in the previous 10 years;
69 (v) a list of all other cases in which, during the previous 4 years, the witness
70 testified as an expert at trial or by deposition; and
71 (vi) a statement of the compensation to be paid for the study and testimony
72 in the case.
73 (C) Witnesses Who Do Not Provide a Written Report. Unless otherwise
74 stipulated or ordered by the court, if the witness is not required to provide a written
75 report, this disclosure must state:
76 (i) the subject matter on which the witness is expected to present evidence
77 under N.D.R.Ev. 702, 703, or 705; and
78 (ii) a summary of the facts and opinions to which the witness is expected to
80 (D) Time to Disclose Expert Testimony. A party must make these
81 disclosures at the times and in the sequence that the court orders. Absent a
82 stipulation or a court order, the disclosures must be made:
83 (i) at least 90 days before the date set for trial or for the case to be ready for
84 trial; or
85 (ii) if the evidence is intended solely to contradict or rebut evidence on the
86 same subject matter identified by another party under Rule 26(a)(2)(B) or (C),
87 within 30 days after the other party's disclosure.
88 (E) Supplementing the Disclosure. The parties must supplement these
89 disclosures when required under Rule 26(e).
90 (3) Pretrial Disclosures.
91 (A) In General. In addition to the disclosures required by Rule 26(a)(1) and
92 (2), a party must provide to the other parties and promptly file the following
93 information about the evidence that it may present at trial other than solely for
95 (i) the name and, if not previously provided, the address and telephone
96 number of each witness--separately identifying those the party expects to present
97 and those it may call if the need arises;
98 (ii) the designation of those witnesses whose testimony the party expects to
99 present by deposition and, if not taken stenographically, a transcript of the
100 pertinent parts of the deposition; and
101 (iii) an identification of each document or other exhibit, including
102 summaries of other evidence--separately identifying those items the party expects
103 to offer and those it may offer if the need arises.
104 (B) Time for Pretrial Disclosures; Objections. Unless the court orders
105 otherwise, these disclosures must be made at least 30 days before trial. Within 14
106 days after they are made, unless the court sets a different time, a party may serve
107 and promptly file a list of the following objections: any objections to the use under
108 Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(A)(ii);
109 and any objection, together with the grounds for it, that may be made to the
110 admissibility of materials identified under Rule 26(a)(3)(A)(iii). An objection not
111 so made--except for one under N.D.R.Ev. 402 or 403--is waived unless excused
112 by the court for good cause.
113 (4) Form of Disclosures. Unless the court orders otherwise, all disclosures
114 under Rule 26(a) must be in writing, signed, and served.
(a) (5) Discovery Methods to
Discover Additional Matter. Parties may
116 obtain discovery by one or more of the following methods:
117 (1) depositions on oral examination or written questions;
118 (2) written interrogatories;
119 (3) production of documents or things or permission to enter on land or
120 other property, for inspection and other purposes;
121 (4) physical and mental examinations; and
122 (5) requests for admission.
123 (b) Discovery Scope and Limits.
124 (1) In General.
125 (A) Scope. Unless otherwise limited by court order, the scope of discovery
126 is as follows: Parties may obtain discovery regarding any nonprivileged matter that
127 is relevant to any party's claim or defense, including the existence, description,
128 nature, custody, condition, and location of any documents, electronically stored
129 information, or other tangible things and the identity and location of persons who
130 know of any discoverable matter. For good cause, the court may order the
131 discovery of any matter relevant to the subject matter involved in the action.
132 Relevant information need not be admissible at the trial if the discovery appears
133 reasonably calculated to lead to the discovery of admissible evidence.
purposes of the discovery rules, the phrase "electronically stored
includes reasonably accessible metadata that will enable the discovering
have the ability to access such information as the date sent,
date received, author,
and recipients. The phrase does not include other metadata unless the
otherwise or the court orders otherwise upon motion of a party and a
good cause for the production of certain metadata. All discovery
is subject to the
140 limitations imposed by Rule 26(b)(1)(B)(i).
141 (B) Limitations on Frequency and Extent.
142 (i) When Required. On motion or on its own, the court must limit the
143 frequency or extent of discovery otherwise allowed by these rules if it determines
145 discovery sought is unreasonably cumulative or duplicative, or it can be
146 obtained from some other source that is more convenient, less burdensome, or less
148 the party seeking discovery has had ample opportunity to obtain the
149 information by discovery in the action; or
150 the burden or expense of the proposed discovery outweighs its likely
151 benefit, considering the needs of the case, the amount in controversy, the parties'
152 resources, the importance of the issues at stake in the action, and the importance of
153 the discovery in resolving the issues.
154 (ii) Specific Limitations on Electronically Stored Information. For the
155 purposes of the discovery rules, the phrase "electronically stored information"
156 includes reasonably accessible metadata that will enable the discovering party to
157 have the ability to access such information as the date sent, date received, author,
158 and recipients. The phrase does not include other metadata unless the parties agree
159 otherwise or the court orders otherwise upon motion of a party and a showing of
160 good cause for the production of certain metadata. A party need not provide
161 discovery of electronically stored information from sources that the party identifies
162 as not reasonably accessible because of undue burden or cost. On motion to
163 compel discovery or for a protective order, the party from whom discovery is
164 sought must show that the information is not reasonably accessible because of
165 undue burden or cost. If that showing is made, the court may nonetheless order
166 discovery from such sources if the requesting party shows good cause, considering
167 the limitations of Rule 26(b)(1)(B). The court may specify conditions for the
169 (2) Insurance Agreements.
If a person carrying on an insurance
might be liable to satisfy part or all of a judgment in an action or to
reimburse for payments made to satisfy the judgment, a party may obtain
of the existence and contents of the insurance agreement.
Disclosure of the
173 insurance agreement under Rule 26(a)(1)(A)(iv) is not reason for its admission in
174 evidence at trial. An application for insurance may not be treated as part of an
175 insurance agreement.
176 (3) Trial Preparation Materials.
177 (A) Documents and Tangible Objects. Ordinarily, a party may not discover
178 documents and tangible things that are prepared in anticipation of litigation or for
179 trial by or for another party or its representative (including the other party's
180 attorney, consultant, surety, indemnitor, insurer, or agent). But, subject to Rule
181 26(b)(5), these materials may be discovered if:
182 (i) they are otherwise discoverable under Rule 26(b)(1); and
183 (ii) the party shows that it has substantial need of the materials to prepare its
184 case and cannot, without undue hardship, obtain their substantial equivalent by
185 other means.
186 (B) Protection Against Disclosure. If the court orders discovery of those
187 materials, it must protect against disclosure of the mental impressions, conclusions,
188 opinions, or legal theories of a party's attorney or other representative concerning
189 the litigation.
190 (C) Previous Statement. Any party or other person may, on request and
191 without the required showing, obtain the person's own previous statement about
192 the action or its subject matter. If the request is refused, the person may move for a
193 court order and Rule 37(a)(5) applies to the award of expenses. A previous
194 statement is:
195 (i) a written statement that the person has signed or otherwise adopted or
196 approved; or
197 (ii) a contemporaneous stenographic, mechanical, electrical, or other
198 recording, or a transcription of it, that recites substantially verbatim the person's
199 oral statement.
200 (4) Trial Preparation Experts.
Expert Who May Testify. Discovery of facts known and opinions
by experts, otherwise discoverable under Rule 26(b)(1) and acquired or
in anticipation of litigation or for trial, may be obtained only as
(i) a party may through interrogatories require any other party to
each person whom the other party expects to call as an expert witness at
the subject matter on which the expert is expected to
and to state the substance of the facts and opinions to which the
expected to testify; and
and a summary of the grounds for each opinion;
(ii) a party may depose any person who has been identified as an
witness whose opinions may be presented at trial unless the court finds,
that the deposition is unnecessary, overly burdensome, or unfairly
214 Deposition of an Expert Who May Testify. A party may depose any person who
215 has been identified as an expert whose opinions may be presented at trial. If Rule
216 26(a)(2)(B) requires a report from the expert, the deposition may be conducted
217 only after the report is provided.
218 (B) Trial-Preparation Protection for Draft Reports or Disclosures. Rules
219 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule
220 26(a)(2), regardless of the form in which the draft is recorded.
221 (C) Expert Employed Only for Trial Preparation. Ordinarily, a party may
222 not, by interrogatories or deposition, discover facts known or opinions held by an
223 expert who has been retained or specially employed by another party in
224 anticipation of litigation or to prepare for trial and who is not expected to be called
225 as a witness at trial. But a party may do so only:
226 (i) as provided in Rule 35(b); or
227 (ii) on showing exceptional circumstances under which it is impracticable
228 for the party to obtain facts or opinions on the same subject by other means.
(C) (D) Payment. Unless manifest injustice would
result, the court must
230 require that the party seeking discovery:
231 (i) pay the expert a reasonable fee for time spent in responding to discovery
232 under Rule 26(b)(4)(A) or
(B) (C); and
233 (ii) for discovery under Rule 26(b)(4)(A) the court may require, and for
234 discovery under Rule 26(b)(4)
(B)(C) the court must
require the party seeking
235 discovery to pay the other party a fair portion of the fees and expenses it
236 reasonably incurred in obtaining the expert's facts and opinions.
237 (5) Claiming Privilege or Protecting Trial Preparation Materials.
238 (A) Information Withheld. When a party withholds information otherwise
239 discoverable by claiming that the information is privileged or subject to protection
240 as trial-preparation material, the party must:
241 (i) expressly make the claim; and
242 (ii) describe the nature of the documents, communications, or tangible
243 things not produced or disclosed, and do so in a matter that, without revealing
244 information itself privileged or protected, will enable other parties to assess the
246 (B) Information Produced. If information is produced in discovery that is
247 subject to a claim of privilege or of protection as trial-preparation material, the
248 party making the claim may notify any party that received the information of the
249 claim and the basis for it. After being notified, a receiving party must promptly
250 return, sequester, or destroy the specified information and any copies it has and
251 may not use or disclose the information until the claim is resolved. A receiving
252 party may promptly present the information to the court under seal for
253 determination of the claim. If the receiving party disclosed the information before
254 being notified, it must take reasonable steps to retrieve it. The producing party
255 must preserve the information until the claim is resolved.
256 (c) Protective Orders.
257 (1) In General. A party or any person from whom discovery is sought may
258 move for a protective order in the court where the action is pending, or as an
259 alternative on matters relating to a deposition, in the court in the district where the
260 deposition will be taken. The court may, for good cause shown, issue an order to
261 protect a party or person from annoyance, embarrassment, oppression, or undue
262 burden or expense, including one or more of the following:
263 (A) forbidding the discovery;
264 (B) specifying terms and conditions, including time or place for the
266 (C) prescribing a discovery other than the one selected by the party seeking
268 (D) forbidding inquiry into certain matters, or limiting the scope of
269 discovery to certain matters;
270 (E) designating the persons who may be present while the discovery is
272 (F) requiring that a deposition be sealed and opened only on court order;
273 (G) requiring that a trade secret or other confidential research, development,
274 or commercial information not be revealed or be revealed only in a specified way;
276 (H) requiring that the parties simultaneously file specified sealed documents
277 or information to be opened as the court directs.
278 (2) Ordering Discovery. If a motion for a protective order is wholly or
279 partially denied, the court may, on just terms, order that any party or person
280 provide or permit discovery.
281 (3) Awarding Expenses. Rule 37(a)(5) applies to the award of expenses.
282 (d) Sequence and Timing of Discovery. Unless, on motion, the court orders
283 otherwise for the parties' and witnesses' convenience and in the interests of justice,
284 methods of discovery may be used in any sequence and discovery by one party
285 does not require any other party to delay its discovery.
286 (e) Supplementing Responses.
287 (1) In General. A party who has made a disclosure under Rule 26(a)or who
288 has responded to an interrogatory, request for production, or request for
289 admissionmust supplement or correct its disclosure or response:
290 (A) in a timely manner if the party learns that in some material respect the
291 response is incomplete or incorrect, and if the additional or corrective information
292 has not otherwise been made known to the parties during the discovery process or
293 in writing; or
294 (B) as ordered by the court.
295 (2) Witnesses. A party has a duty to timely supplement a response about:
296 (A) the identity and location of persons having knowledge of discoverable
297 matters, and
298 (B) the identity of each person expected to be called as an expert witness at
299 trial, the subject matter on which the person is expected to testify, and the
300 substance of the person's testimony.
301 (f) Discovery Meeting, Discovery Conference, Discovery Plan.
302 (1) Discovery Meeting. No earlier than 40 days after the complaint is filed
303 in an action, any party's attorney or a self-represented party may request in writing
304 a meeting on the subject of discovery, including the discovery of electronically
305 stored information. If such a request is made, the parties must meet within 21 days,
306 unless agreed otherwise by the parties or their attorneys or another time for the
307 meeting is ordered by the court. Even if the parties or their attorneys do not seek to
308 have a discovery meeting, at any time after the complaint is filed the court may
309 direct the parties or their attorneys to appear before it for a discovery conference.
310 (2) Matters for Consideration. During a discovery meeting held under Rule
311 26(f)(1), the attorneys and any self-represented parties must:
312 (A) consider the nature and basis of the parties' claims and defenses and the
313 possibilities for promptly settling or resolving the case, and
314 (B) discuss the preparation of a discovery plan as set forth in Rule 26 (f)(3).
315 (3) Conduct of Meeting. Attorneys for the parties, and any self-represented
316 parties, that have appeared in the case are jointly responsible for arranging the
317 meeting, for being prepared to discuss a discovery plan, and for attempting in good
318 faith to agree on a discovery plan. The meeting may be held by telephone, by
319 videoconference, or in person, or by a combination of methods, unless the court,
320 on motion, orders the attorneys and the self-represented parties to attend in person.
321 (4) Discovery Plan or Report.
322 (A) In General. If a discovery plan is agreed on, it must be submitted to the
323 court within 14 days after the meeting, and the parties may request a conference
324 with the court regarding the plan. If the parties do not agree on a discovery plan,
325 they must submit to the court within 14 days after the meeting a joint report
326 containing those parts of a discovery plan on which they agree and the position of
327 each of the parties on the parts upon which they disagree. Unless the parties agree
328 otherwise, the attorney for the first plaintiff listed on the complaint is responsible
329 for submitting the discovery plan or joint report.
330 (B) Discovery Plan Contents. A discovery plan must contain the following:
331 (i) a statement of the issues as they then appear;
332 (ii) a proposed plan and schedule of discovery, including the discovery of
333 electronically stored information;
334 (iii) with respect to electronically stored information, and if appropriate
335 under the circumstances of the case, a reference to the preservation of such
336 information, the media form, format, or procedures by which such information will
337 be produced, the allocation of the costs of preservation, production, and, if
338 necessary, restoration, of such information, the method for asserting or preserving
339 claims of privilege or of protection of the information as trial-preparation materials
340 if different from that provided in Rule 26 (b)(5), the method for asserting or
341 preserving confidentiality and proprietary status, and any other matters addressed
342 by the parties;
343 (iv) any limitations proposed to be placed on discovery, including, if
344 appropriate under the circumstances of the case, that discovery be conducted in
345 phases or be limited to or focused on particular issues;
346 (v) when discovery should be completed; and
347 (vi) if appropriate under the circumstances of the case, any limitations or
348 conditions under Rule 26 (c) regarding protective orders.
349 (5) Discovery Conference. If the parties are unable to agree to a discovery
350 plan at a meeting held under Rule 26 (f)(1), they must, on motion of any party,
351 appear before the court for a discovery conference at which the court must order
352 the entry of a discovery plan after consideration of the report required to be
353 submitted under Rule 26 (f)(4)(A) and the position of the parties. The order may
354 address other matters, including the allocation of discovery costs, as are necessary
355 for the proper management of discovery in the action. An order may be altered or
356 amended as justice may require. The court may combine the discovery conference
357 with a pretrial conference authorized by Rule 16.
358 (g) Signing Discovery Request, Responses, and Objections.
359 (1) Signature Required; Effect of Signature. Every discovery request,
360 response, or objection must be signed by at least one attorney of record in the
361 attorney's individual name, or by the party personally, if self-represented, state the
362 signer's address, electronic mail address for electronic service, telephone number,
363 and State Board of Law Examiners identification number, if applicable. By
364 signing, the attorney or party certifies that the signer has read the request,
365 response, or objection, and that to the best of the signer's knowledge, information,
366 and belief formed after a reasonable inquiry
367 (A) with respect to a disclosure, it is complete and correct as of the time it is
368 made; and
369 (B) with respect to a discovery request, response or objection, it is:
370 (i) consistent with these rules and warranted by existing law or by a good
371 faith argument for extending, modifying or reversing existing law;
(B) (ii) not interposed for any improper purpose, such
as to harass, cause
373 unnecessary delay or needlessly increase the cost of litigation; and
(C) (iii) neither unreasonable nor unduly burdensome
375 considering the needs of the case, prior discovery in the case, the amount in
376 controversy, and the importance of the issues at stake in the litigation.
377 (2) Failure to Sign. Other parties have no duty to act on an unsigned
378 request, response, or objection until it is signed, and the court, on motion or on its
379 own, must strike it unless a signature is promptly supplied after the omission is
380 called to the attorney's or party's attention.
381 (3) Sanction for Improper Certification. If a certification violates this rule,
382 without substantial justification, the court, on motion or its own, must impose an
383 appropriate sanction on the signer, the party on whose behalf the signer was acting,
384 or both. The sanction may include an order to pay the reasonable expenses,
385 including attorney's fees, caused by the violation.
386 EXPLANATORY NOTE
387 Rule 26 was amended, effective July 1, 1981; March 1, 1986; March 1,
388 1990; March 1, 1996; March 1, 2008; March 1, 2011; March 1, 2013; March 1,
390 Rule 26 is derived from Fed.R.Civ.P. 26
391 As amended, effective March 1, 1996, a party deposing another party's
392 expert witness under subdivision (b)(4)(A)(ii) must pay the expert a reasonable fee
393 under subdivision (b)(4)(C), even though a court order has not been obtained
394 authorizing the deposition or commanding payment of expert witness fees.
395 Rule 26 was amended, effective March 1, 2008, to implement changes
396 related to discovery of electronically stored information. The changes reflect the
397 2006 amendments to Fed.R.Civ.P. 26. Subdivision (b) was amended to incorporate
398 a new subparagraph (b)(2)(B) on limitations to discovery of electronic information.
399 A new paragraph (b)(6) was also added to address claims of privilege or protection
400 of trial preparation materials.
401 Rule 26 was amended, effective March 1, 2011, in response to the
402 December 1, 2007, revision of the Federal Rules of Civil Procedure. The language
403 and organization of the rule were changed to make the rule more easily understood
404 and to make style and terminology consistent throughout the rules.
405 Rule 26 was amended, effective________________, to require initial
406 disclosures. The amendments were derived from Fed.R.Civ.P. 26.
407 Subparagraph (b)(1)(A) was amended, effective March 1, 2013, to include a
408 definition of "electronically stored information" and to designate what types of
409 metadata may be discovered. Effective_________, this language was transferred
410 to subparagraph (b)(1)(B)(ii).
411 Subparagraph (c)(1)(H) was amended, effective March 1, 2015, to remove a
412 reference to filing documents in a sealed paper envelope. Items are filed with the
413 court electronically, and may be designated as sealed when submitted.
414 Subdivision (f) was amended, effective March 1, 2013, to provide a
415 procedure for discovery meetings and conferences and for the formulation of
416 discovery plans and reports, with an emphasis on discussing and planning for the
417 discovery of electronic information.
418 Paragraph (g)(1) was amended, effective March 1, 2015, to specify that the
419 attorney's electronic mail address for electronic service must be included with the
421 SOURCES: Joint Procedure Committee Minutes of ________________;
422 May 12-13, 2016, pages 10-15; January 28-29, 2016, pages 13-14; April 24-25,
423 2014, page 25; January 26-27, 2012, page 17-19; January 29-30, 2009, page 6;
424 September 25, 2008, pages 21-22; January 25, 2007, pages 9-10; September 28-29,
425 2006, pages 18-20; January 26-27, 1995, pages 10-12; September 29-30, 1994,
426 pages 21-22; April 20, 1989, page 2; December 3, 1987, page 11; April 26, 1984,
427 page 28; January 20, 1984, pages 23-31; December 11-12, 1980, page 2; October
428 30-31, 1980, pages 9-10; September 20-21, 1979, page 19; Fed.R.Civ.P. 26.
429 CROSS REFERENCE: N.D.R.Civ.P. 16 (Pretrial Procedure-Formulating
430 Issues), N.D.R.Civ.P. 28 (Persons Before Whom Depositions May Be Taken),
431 N.D.R.Civ.P. 29 (Stipulations Regarding Discovery Procedure), N.D.R.Civ.P. 30
432 (Depositions Upon Oral Examination), N.D.R.Civ.P. 30.1 (Uniform Audio-Visual
433 Deposition Rule), N.D.R.Civ.P. 31 (Depositions of Witnesses Upon Written
434 Questions), N.D.R.Civ.P. 33 (Interrogatories to Parties), N.D.R.Civ.P. 34
435 (Production of Documents and Things and Entry Upon Land for Inspection and
436 Other Purposes), N.D.R.Civ.P. 35 (Physical and Mental Examination of Persons),
437 N.D.R.Civ.P. 36 (Requests for Admission), and N.D.R.Civ.P. 37 (Failure to Make
438 Discovery-Sanctions); N.D.R.Ev. 507 (Trade Secrets), N.D.R.Ev. 510 (Waiver of
439 Privilege by Voluntary Disclosure), and N.D.R.Ev. 706 (Court-Appointed