(1) Tier 1: Case Characteristics. These are simple cases that can be tried in one or two days. Automobile tort, intentional tort, premises liability, and insurance coverage claims arising from those types of claims are generally Tier 1 cases, absent unusual circumstances. Cases with minimal documentary evidence and few witnesses are likely Tier 1 cases.

(2) Tier 2: Case Characteristics. These are cases of intermediate complexity. They are likely to have more than minimal documentary evidence and more than a few witnesses. They are likely to include, but may not include, expert witnesses. They are likely to involve multiple theories of liability, and may involve counterclaims or cross-claims. Cases that do not easily fit within Tiers 1 and 3 belong here.

(3) Tier 3: Case Characteristics. These are cases that are logistically or legally complex. Class actions, antitrust, multi-party commercial or construction cases, securities cases, environmental torts, construction defect cases, medical malpractice cases, products liability cases, and mass torts are among those cases that generally belong in Tier 3, absent unusual circumstances. Cases with voluminous documentary evidence, or with numerous pretrial motions raising difficult or novel legal issues, are likely Tier 3 cases. Cases requiring management of a large number of witnesses or separately represented parties, or which require coordination with related actions pending in other courts, are likely Tier 3 cases.

(1) By Stipulation of Parties or on Motion. As provided in Rule 16(c)(6), all parties by stipulation or any party by motion may request that the court assign the case to a tier other than the one to which it would be assigned under Rule 26.2(c)(3), for good cause. A court must determine good cause to vary a tier with reference to the factors that define proportional discovery in Rule 26(b)(1). The court may reject any stipulation or joint motion requesting assignment under this rule.

(2) Placement by Court. The court may evaluate a case for assignment to a tier. The court has the discretion to assign a case to any tier, based on the totality of the circumstances of that case, consistent with the case characteristics set forth in Rule 26.2(b) and the factors that define proportional discovery in Rule 26(b)(1).

(3) Except as provided in Rule 8.1(e), all cases not assigned a tier by the procedures in Rule 26.2(c)(1) or (2) are deemed to be assigned a tier based on the damages claimed in the action, as defined in Rule 26.2(e).

(1) By Monetary or Nonmonetary Relief Requested. From the filing of the complaint until a court assigns a case to a different tier, the case is deemed to be assigned to the tier to which it would be assigned based on its monetary or nonmonetary relief requested under Rule 26.2(c)(3).

(2) By the Court's Own Evaluation. If a court evaluates a case for tiering under Rule 26.2(c)(2), it must assign the case to a tier no later than 20 days after the parties file their Joint Report under Rule 16(c)(1).

(3) By Stipulation of Parties or Motion. If a court assigns a case a tier based on a stipulation or motion under Rule 26.2(c)(1), it should do so at the earliest practicable time. That notwithstanding, a later joined or later served party may promptly move the court to change the assigned tier.

(1) Tier 1. Each side in a Tier 1 case is permitted 5 total hours of fact witness depositions, 5 Rule 33 interrogatories, 5 Rule 34 requests for production, 10 Rule 36 requests for admission, and 120 days in which to complete discovery.

(2) Tier 2. Each side in a Tier 2 case is permitted 15 total hours of fact witness depositions, 10 Rule 33 interrogatories, 10 Rule 34 requests for production, 10 Rule 36 requests for admission, and 180 days in which to complete discovery.

(3) Tier 3. Each side in a Tier 3 case is permitted 30 total hours of fact witness depositions, 20 Rule 33 interrogatories, 10 Rule 34 requests for production, 20 Rule 36 requests for admission, and 240 days in which to complete discovery.

(1) Generally. To obtain discovery beyond the limits on discovery established in Rule 26.2(f), a party must file either:

(2) Timing. A motion or stipulation under (1) must be filed before the close of standard discovery and before serving a discovery request that reaches or exceeds the limit imposed by Rule 26.2(f) on any category of discovery.

(3) Effect of Stipulation. A filed “Stipulation for Overlimit Discovery” complying with this rule authorizes the taking of the agreed additional discovery without the necessity for a court order. The court retains the power to disapprove any such stipulation.

(1) in a case with more than one party on a side, the court may for good cause increase a side's allowed hours for fact witness depositions, allocate the allowed deposition hours among the parties on a side, or take any other action necessary to provide each party on a side with a reasonable opportunity to conduct deposition discovery;

(2) additional examination time ordered for the reasons set forth in Rule 30(d) does not count against the tier limits; and

(3) if the configuration of sides as defined in Rule 26.2(f) provides more deposition time or written discovery to one group of parties with common interests than another group of parties with common interests, the court may for good cause adjust how Rule 26.2(f) allocates the totality of deposition time or written discovery it allows between those sides.