Local Rule Rule 7026-1: Discovery—General.
Bankr. D. Or. — General rule
Rule 7026-1. Discovery—General.
(a) Timing.
(1) Commencement. Unless otherwise agreed by the parties, no discovery may occur before an initial pretrial conference or entry of a scheduling order. Parties need not meet before an initial pretrial conference. Discovery may begin when the court determines that FRCP 26(f) will not apply. If the court determines that FRCP 26(f) will apply, discovery may begin after the parties have met and conferred.
(2) Initial pretrial conference. At the initial pretrial conference, the parties should be prepared to address whether (1) they should be required to make the disclosures required by FRCP 26(a)(1) and conduct the discovery-planning conference and file the report required by FRCP 26(f) and (2) any other modifications should be made to the application of FRCP 26.
(3) Completion. The scheduling order will set the deadline to complete discovery.
(A) By that deadline—
(i) All depositions must be taken, including depositions to preserve testimony for trial.
(ii) All interrogatories or other discovery requests must be answered.
(iii) All documents must be produced in response to requests for production.
(B) The court will not require a response to a discovery request made with insufficient time for a party to respond before the deadline to complete discovery.
(C) Expert depositions under FRCP 26(b)(4)(A) need not be completed by the discovery deadline.
(b) Nonfiling of Discovery Documents. Discovery documents must not be filed. A discovery document is one that is the subject of any of FRCPs 26 through 36 and is not required by any rule to be filed. Not filing a discovery document does not preclude its use as an exhibit or as evidence.
(c) Application of FRCP 26(a)(1). The court will determine at the initial pretrial conference or in a scheduling order whether FRCP 26(a)(1) will apply.
(d) Timeliness of Discovery Motion. A motion to compel or for other relief with respect to a discovery request must be filed by the earlier of either: (1) the discovery completion deadline; or (2) 28 days after the discovery response is received, or if no response is timely made, within 28 days after the response is due. Failure to timely file a motion constitutes a waiver of the right to any relief.
Cross-references: • Contested Matters – LBR 9013-1(d). • Depositions & Examinations – LBR 2004-1. • Failure to Make Disclosure or Cooperate in Discovery; Sanctions – LBR 7037-1. • Interrogatories – LBR 7033-1. • Production of Documents and Things & Entry on Land for Inspection or Other Purpose – LBR 7034-1. • Request for Admission – LBR 7036-1.