Local Rule 7026-1: Discovery

Rule 7026-1 Discovery

(A) Applicability. This rule governs discovery in contested matters and adversary proceedings.

(B) Reasonable Notice. Notices of depositions under Fed. R. Bankr. P. 7030 must be served more than 14 days before the scheduled date. Fed. R. Bankr. P. 9006(f) governs the computation of time.

(C) Discovery Motions. The filing of any motion under Fed. R. Bankr. P. 2004 or Fed. R. Civ. P. 26(c), 30(d), or 45(c), stays the discovery or examination until the motion is resolved by the Court. Any motion must be filed and served no less than seven (7) days before a scheduled deposition.

The Court will not entertain any motion seeking the type of relief provided for in Fed. R. Civ. P. 26(c), 37, or 45(c) or under Fed. R. Bankr. P. 2004, unless counsel for the moving party has conferred with opposing counsel or has made a reasonable effort to resolve the matter in dispute before filing the motion. Counsel for the moving party must file a certificate of compliance with this rule along with any motion filed.

(D) Self-Executing Routine Disclosure. The filing of pretrial dispositive or nondispositive motions will not stay the requirements of Fed. R. Civ. P. 26(a) or 26(e) absent an order of the Court on motion by a party.

If a party fails to make a required disclosure, a motion to compel disclosure must include a certification that the movant has conferred or attempted to confer in good faith with the party not making disclosure in an effort to resolve the issue without Court action.

(E) Filing not Required. Discovery material including deposition transcripts, interrogatories and answers, requests for production or inspection, requests for admission and the responses to them, and initial disclosures may not be filed with the Court.

If relief is sought under Fed. R. Civ. P. 26(c) or 37 concerning any interrogatories, requests, answers or responses, copies of the portions in dispute should be filed with the motion. If interrogatories, requests, answers, or responses are to be used at a hearing or trial, the portions to be used must be marked for introduction as evidence.

(F) Limited and Simplified Discovery. Discovery is limited as follows unless otherwise ordered by the Court:

• A party may take the depositions of only three (3) persons; and • No party may serve on any other party more than one set of 20 requests for admission, including subparts, each of which must consist of a single request.

• If necessary, the timing of disclosure relating to expert witnesses under Fed. R. Civ. P. 26(a)(2) and to pretrial preparation under Fed. R. Civ. P. 26(a)(3) will be established by Court order in each adversary proceeding.