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Discovery – General

Local Rule Number: 
Rule 7026-1
7000 Series

(A)       Affirmative Disclosure Requirements.  Except as otherwise ordered by the court, the provisions of Rules 26(a), (d) and (f) of the Federal Rules of Civil Procedure, shall apply to cases and proceedings in this court only to the extent set forth in the “Order Setting Filing and Disclosure Requirements for Pretrial and Trial”.

(B)       Subpoena Forms.  Subpoenas served in adversary proceedings or main cases shall conform to, as applicable, the Administrative Office of the U.S. Courts Director’s Procedural Form “Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding)”, the Administrative Office of the U.S. Courts Director’s Procedural Form “Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding)” or the Administrative Office of the U.S. Courts Director’s Procedural Form “Subpoena to Produce Documents, Information, or Objects or To Permit Inspection of Premises in a Bankruptcy Case (or Adversary Proceeding)”.

☞2015 Amendment:  Section (B) incorporates Interim Local Rule 7026-1(B) adopted by Aministrative Order 13-02 and amends form names to reflect Official Bankruptcy Form amendments.

 (C)       Service and Filing of Discovery Material.  The following discovery requests and responses:

–           notices of deposition upon oral examination;

–           transcripts of deposition upon oral examination;

–           depositions upon written questions;

–           responses or objections to depositions upon written questions;

–           written interrogatories;

–           answers or objections to written interrogatories.

–           requests for production of documents or to inspect any tangible thing;

–           objections to requests for the production of documents or to inspect any tangible thing;

–           written requests for admission; and

–           answers or objections to written requests for admission;

shall be served upon other attorneys and parties, but shall not be filed with the court, nor shall proof of service be filed, unless upon order of the court or as provided in subdivision (D).  The party responsible for service of the discovery material shall retain the original and become the custodian.  The original of all depositions upon oral examination shall be retained by the party taking the depositions.

(D)       Filing of Discovery Materials Permitted in Certain Circumstances.  If depositions, interrogatories, requests for documents, requests for admission, answers or responses are to be used at an evidentiary hearing or trial or are necessary to a pretrial or post-trial motion, the portions to be used shall be filed with the clerk at the outset of the evidentiary hearing or trial or at the filing of the motion insofar as their use can be reasonably anticipated by the parties having custody of the materials.  When documentation of discovery not previously in the record is needed for appeal purposes, upon order of the court or by written stipulation of attorneys, the necessary discovery papers may be filed with the clerk.

(E)        Motions to Compel, Motions for Protective Order, Required Certification.

(1)        Motions to Compel.  Except for motions grounded upon complete failure to respond to the discovery sought to be compelled, or upon assertion of general or blanket objections to discovery, motions to compel discovery in accordance with Bankruptcy Rules 7033, 7034, 7036 and 7037, shall quote verbatim each interrogatory, request for admission or request for production and the response to which objection is taken followed by: (a) the specific objections, (b) the grounds assigned for the objection (if not apparent from the objection); and (c) the reasons assigned as supporting the motion, all of which shall be written in immediate succession to one another.  Such objections and grounds shall be addressed to the specific interrogatory or request and may not be made generally.

(2)        Motions for Protective Order.  A party may file, prior to the date of a proposed deposition or other discovery deadline, a motion for a protective order stating the reasons for prohibiting, limiting or rescheduling the deposition or other discovery request, and the deposition or response deadline shall be stayed until the court rules on the motion.

(F)        Certificate of Attorney as to Motion to Compel or Motion for Protective Order.  Prior to filing a motion to compel discovery or a motion for protective order pursuant to Bankruptcy Rule 7026, the attorney for the moving party shall confer with the attorney for the opposing party and shall file with the clerk at the time of filing the motion a statement certifying that the movant’s attorney has conferred with the attorney for the opposing party in a good faith effort to resolve by agreement the issues raised and that the attorneys have been unable to do so.  If certain of the issues have been resolved by agreement, the statement shall specify the issues so resolved and the issues remaining unresolved.

[Comment: See also Local Rule 9073-1(D) (conference with opposing attorneys required generally.)]