Local Rule RULE 7026-1: Discovery.

RULE 7026-1. Discovery.

(a) Initial Disclosure. The provisions of Fed. R. Civ. P. 26(a)(1), as incorporated in Fed. R. Bankr. P. 7026 shall not apply in adversary proceedings unless ordered by the Court on a case-by-case basis, except as provided in Mont. LBR 7016-1(b)(4). Mont. LBR 7016-1(c) provides that the initial disclosures and the discovery plan shall be considered and discussed during the case scheduling conference. Before the completion of the case scheduling conference, parties may commence discovery without leave of court. See Mont. LBR 7016-1(b).

(b) Transcripts of Depositions. No party shall take more than ten depositions, whether upon oral examination under Fed. R. Bankr. P. 7030 or written questions under Fed. R. Bankr. P. 7031. Exceptions to this Local Rule may be granted by the Court only upon written motion showing good cause. Original transcripts of depositions need not be filed with the Clerk of Court.

(c) Requirement of a Writing. All objections to interrogatories, depositions, requests, applications under Fed. R. Bankr. P. 7037, and all motions and replies concerning discovery matters shall be in writing and recite the offending interrogatory, deposition, request, or application with specificity. If time does not permit the filing of a written motion, the Court may, in its discretion, waive this requirement.

(d) Objections to Discovery Process. An objection to any interrogatory, deposition, request, or application under Fed. R. Bankr. P. 7037 shall be filed within 30 days after service of the offending interrogatory, deposition, request, or application unless otherwise ordered by the Court. Filing an objection shall not extend the time within which the objecting party must otherwise answer or respond to any discovery matter not explicitly included in the objection.

(e) Mandatory Conference among Attorneys. The mandatory Fed. R. Civ. P. 26(f) conference, as incorporated in Fed. R. Bankr. P. 7026, shall be conducted in conjunction with the case scheduling conference pursuant to Mont. LBR 7016-1(b). Attorneys are further encouraged to participate in non-court, pretrial discovery conferences to decrease contentious actions by attorneys and parties and the filing of unnecessary discovery motions. A motion concerning a discovery dispute shall not be filed until all attorneys have explored the possibility of resolving the discovery matters in controversy. The Court will not consider any motion concerning a discovery matter unless the motion is accompanied by an attorney's statement that a good faith effort has been made to resolve the discovery matter at issue.

(f) No Filing of Discovery with Court. Discovery of any type shall not be filed with the Court at any time unless a discovery dispute occurs and appropriate motions are filed, or the Court directs the parties to file discovery. A notice that discovery is occurring shall not be filed with the Court.

(g) Motions to Compel. After a discovery request is objected to or not complied with in a timely manner, and if not otherwise resolved under subsection (e) of this Local Rule, it is the responsibility of the party initiating discovery to place the matter before the Court in a timely manner. A motion must be filed under Fed. R. Bankr. P. 7037, and in compliance with Mont. LBR 9013-1, to compel an answer, production, designation, or inspection. However, a party properly notified of a deposition must appear and submit to the deposition unless a motion to quash has been granted.

(h) Other Discovery Motions. Motions for a protective order under Fed. R. Civ. P. 26(c) conference, as incorporated in Fed. R. Bankr. P. 7026, and motions to compel physical or mental examination, including Fed. R. Bankr. P. 7035 shall comply with Mont. LBR 9013-1 and subsection (f) of this Local Rule.

(i) Discovery Replies. A response to a discovery motion and request for a hearing shall be filed in compliance with Mont. LBR 9013-1.

(j) Compliance with Discovery Orders. After the Court has ruled on a discovery motion, any answer, production, designation, inspection, or examination required by the Court shall be done within 14 days after the entry of the order of the Court, oral or otherwise, unless otherwise ordered by the Court.

(k) Failure to Comply with Orders. Should a party fail to comply with an order of the Court concerning discovery motions, it is the objecting party's responsibility to place the matter before the Court by a proper motion for supplementary relief under Fed. R. Bankr. P. 7037.

(l) Unnecessary Discovery Motions or Objections. The presentation to the Court of unnecessary discovery motions or requests, as well as unwarranted opposition to proper discovery proceedings, may subject the offender to remedies and sanctions, including the imposition of costs and attorney fees.