Local Rule 7026-1: DISCOVERY - REQUIRED DISCLOSURES

Local Bankruptcy Rule 7026-1 DISCOVERY - REQUIRED DISCLOSURES Every complaint filed to commence an adversary proceeding governed by Part VII of the Federal Rules of Bankruptcy Procedure shall contain a statement whether the pleader stipulates that Fed. R Civ. P. 26(a)(1) will not apply to the adversary proceeding. The initial pleading or motion filed in response to a complaint filed to commence an adversary proceeding governed by Part VII of the Federal Rules of Bankruptcy Procedure shall contain a statement whether the responding pleader or movant stipulates that Fed R. Civ. P. 26(a)(1) will not apply to the adversary proceeding. A failure to include the statement as required by this rule in a complaint, pleading or motion shall be construed as a stipulation that Fed. R. Civ. P. 26(a)(1) will not apply.

Upon motion by a party or upon its own motion, the court will determine whether all parties to an adversary proceeding have stipulated that Fed. R. Civ. P. 26(a)(1) will not apply to the adversary proceeding. Upon consideration of such motion or on its own motion, and after due consideration of the objection of any party to the applicability of Fed. R. Civ. P. 26(a)(1), the court will enter an order directing whether and to what extent Fed. R. Civ. P. 26(a)(1) will apply to the adversary proceeding as the court determines appropriate in the circumstances of the action. (Revised September 17, 2001)