Well I was making the description to non-lawyers. By voluntary I mean that no Order has to be obtained. You are correct it is not voluntary but it is an Open Order governed by statute.
Fair enough. I don’t think we’re in disagreement about the rules of discovery or the discovery process itself. The only other point I would make is that Judge Carter referred Orly’s motion for expedited discovery back to the magistrate for initial review. In the order doing so, he encouraged early discovery, which is “voluntary” to use your term and not a demand.