Local Rule 9014-2: Motions Involving Disclosure or Discovery Disputes

LOCAL RULE 9014-2 Motions Involving Disclosure or Discovery Disputes Any motion involving a disclosure or discovery dispute in an adversary proceeding or a contested matter shall comply with this rule.

(a) Separate Statement Required. Except as provided herein, any motion under Fed. R. Civ. P. 37, incorporated by Fed. R. Bankr. P. 7037, 9014(c), or other applicable rule involving the adequacy of a disclosure or discovery response under Fed. R. Civ. P. 26-37, incorporated by Fed. R. Bankr. P. 7026-7036, 9014(c), or seeking monetary or other sanctions arising from the inadequacy of the disclosure or discovery response shall be accompanied by a separate statement.

(b) Separate Statement Not Required. A separate statement is not required when no disclosure or response to discovery has been provided.

(c) Contents of Separate Statement. A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each disclosure or discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference. The separate statement must include--for each disclosure or discovery request (e.g., each interrogatory, request for admission, deposition question, or inspection demand) to which a further response, answer, or production is requested--the following:

1) The text of the applicable portion of Rule 26 or the request, interrogatory, question, or inspection demand;

2) The text of each Rule 26 disclosure, response, answer, or objection, and any further responses or answers;

3) A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute;

4) If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it;

5) If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth; and 6) If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document.

(d) Identification of Interrogatories, Demands, or Requests. A motion concerning interrogatories, inspection demands, or admission requests must identify the interrogatories, demands, or requests by set and number.