Local Rule 7026-1: DISCOVERY

RULE 7026-1. DISCOVERY.

Pursuant to Bankruptcy Rule 7026, the provisions of Rule 26 of the Federal Rules of Civil Procedure apply to all adversary proceedings, unless the Court orders otherwise.

(a) Limits on Interrogatories. No party may serve any other party, at any one time or cumulatively, more than 25 written interrogatories, including all discrete sub-parts. Exceptions to this Rule may be granted by the Court upon written motion showing good cause. The parties should not file interrogatories with the Clerk.

(b) Limits on Depositions. No party may take more than 10 depositions, whether on oral examination under Bankruptcy Rule 7030 or on written questions under Bankruptcy Rule 7031. Exceptions to this Rule may be granted by the Court on written motion showing good cause. Transcripts of depositions should not be filed with the Clerk.

(c) Requirement of a Writing. All objections to interrogatories, depositions, requests, and applications under Bankruptcy Rule 7037, and all motions and responses concerning discovery matters, must be in writing and recite with specificity the objectionable interrogatory, deposition, request, or application. If time does not permit the filing of a written objection or motion, the Court may, in its discretion, waive this requirement.

(d) Objections to Discovery Process. A Bankruptcy Rule 7037 objection to any interrogatory, deposition, request, or application must be filed within 28 days after service of the objectionable interrogatory, deposition, request, or application, unless the Court orders otherwise. The filing of an objection will not enlarge the time within which the objecting party must answer or respond to any discovery matter not specifically included in the objection.

(e) Mandatory Consultation among Counsel. Motions raising any type of discovery dispute must be accompanied by a statement affirming movant has made a good faith effort to resolve the discovery matter(s) at issue.

(f) Motion to Compel. If a party timely objects to, or fails to timely comply with, a discovery request and the parties are not able to resolve the issue through good faith efforts, it is the responsibility of the party initiating discovery to bring the matter before the Court in a timely manner. To compel an answer, production, designation, or inspection, a party may file a motion under Bankruptcy Rule 7037, unless the Court has already granted a motion to quash. A party who was properly noticed of a deposition must appear and participate in the deposition.

(g) Responses to Discovery Motions. All responses to discovery motions must be filed within 14 days after service of such motions, unless the Court orders otherwise.

(h) Compliance with Discovery Orders. After the Court has ruled on a discovery motion, the party must file the required response or answer, production, designation, inspection, or examination within 14 days, unless the order provides otherwise.

(i) Failure to Comply with Order. If a party fails to comply with an order of the Court concerning a discovery motion, it is the responsibility of the objecting party to place the matter before the Court for supplementary relief.

(j) Unnecessary Discovery Motions or Objections. A party who presents the Court with unnecessary discovery motions or requests, or unwarranted opposition to proper discovery motions or requests, may be subject to sanctions including the imposition of costs and attorney's fees.