Local Rule 7037-1: Failure to Make Discovery; Sanctions

Rule 7037-1 Failure to Make Discovery; Sanctions

(a) Discovery Motions.

(1) If a matter arises under Rules 7026 through 7037, inclusive, Federal Rules of Bankruptcy Procedure, and if the matter is opposed, counsel must prepare and file a certificate that they have conferred with respect to the pending matter and enumerate therein the matters remaining for determination by the court. [A] The court will not consider a motion, objection, order to show cause, petition or similar matter arising under the cited rules until the certificate of compliance is filed. [B] Counsel for the moving party will arrange for such conferences. [C] Should opposing counsel fail or refuse to confer with counsel for the moving party when requested to do so, this fact will be reported promptly in writing to the court.

(2) If the motion or other matter is heard and the court finds the motion or opposition thereto to be without substantial justification, or that counsel for any party refused to meet and confer, or having met, refused or failed to confer in good faith, the court may assess costs, including attorney's fees, if appropriate, against the offending party.

(b) Local District Rules Adopted. United States District Court for the District of Alaska Local Civil Rule 37.1 applies to discovery matters.