Local Rule RULE 7026–1: Duty to Disclose; General Provisions Governing Discovery

RULE 7026–1 Duty to Disclose; General Provisions Governing Discovery

(a) Discovery Request Limits. Unless the Court orders otherwise, a party may not serve on any other party in a contested matter or an adversary proceeding more than twenty-five (25) interrogatories, twenty-five (25) requests for admission, and twenty-five (25) requests for production, including all parts and sub-parts.

(b) Discovery Stayed Pending Resolution of Bankruptcy Rule 7012(b) Motion. The filing of a motion pursuant to Bankruptcy Rule 7012(b) stays discovery unless the movant presents matters outside the pleading.

(c) Objections to be in Writing. All objections to interrogatories, depositions, requests, or applications under Bankruptcy Rule 7026 through Bankruptcy Rule 7037, as well as all motions and replies thereto concerning discovery matters, shall be in writing. If time does not permit the filing of a written motion, the Court may waive this requirement.

(d) Objections to Discovery Process. An objection to any interrogatory, deposition, request, or application under Bankruptcy Rule 7026 through Bankruptcy Rule 7037, shall be specific and the reasons for the objection shall be stated. Any such objection shall not extend the time within which the objecting party must otherwise answer or respond to any discovery matter not specifically objected to.

(e) Discovery Motions.

(1) Motions to Compel Discovery. A motion to compel shall include (i) the date and time of the discovery conference, the names of all persons participating therein, and any issues remaining to be resolved; or (ii) the date of the moving party's attempts to hold such a conference without success. A motion to compel answers or responses shall specifically identify and quote each interrogatory or request in full immediately preceding the existing answer, response, or objection thereto, if any.

(2) Other Discovery Motions. A motion for a protective order pursuant to Bankruptcy Rule 7026 or a motion for an order compelling disclosure or discovery pursuant to Bankruptcy Rule 7037, or a motion to compel physical or mental examination pursuant to Bankruptcy Rule 7035, shall state with particularity the grounds therefor and shall set forth the relief or order sought.

(3) Deadline for Response. Responses to discovery motions mentioned in this Local Bankruptcy Rule shall be filed within fourteen (14) days after service of the motion and shall comply with Local Bankruptcy Rule 9013–1, unless otherwise ordered by the Court.

(4) Notice and Hearing. A discovery motion under this Local Bankruptcy Rule filed with the Court shall include or be accompanied by a conspicuous notice of the motion, objection deadline, and hearing, and shall comply with Local Bankruptcy Rule 9013–1.

(f) Conference of Attorneys of Required. Attorneys are encouraged to participate in pretrial discovery conferences in order to decrease, in every way possible, the filing of unnecessary discovery motions. A motion concerning discovery matters shall not be filed until an attorney has explored with the opposing attorney the possibility of resolving the discovery matters in controversy.

(g) Extensions. Depending upon the facts of the particular case, the Court in its discretion may, upon appropriate written motion by a party, allow an extension of time in excess of the time provided by the Federal Rules of Civil Procedure, these Local Bankruptcy Rules, or previous Court order, within which to respond to or complete discovery or to reply to discovery motions. Any agreement between attorneys relating to any extension of time is of no force or effect; only the Court, after appropriate motion directed thereto, may grant an extension of time.

(h) Filing With Court. Unless otherwise permitted by the Court, on its own initiative or for good cause shown by motion, discovery materials, depositions upon oral examination and upon written questions, interrogatories, requests for documents, requests for admission and answers and responses or objections to such discovery requests shall not be filed with the pleadings or papers in any case or proceeding. When specific discovery material appropriately may support or oppose a motion, the specific discovery material in question shall be appended as an exhibit to the motion, or in response thereto, without having been previously filed. Discovery material otherwise permitted to be used at trial may be properly so used, if otherwise admissible, without having been previously filed.