United States Bankruptcy Court

for the District of Colorado


Local Bankruptcy Rule 726.1

Special Provisions Regarding Limited and Simplified Discovery

(a) Unless modified or rescinded by order of the court for good cause shown or by written stipulation of the parties, the provisions of this Rule shall apply in all adversary proceedings and contested matters under Fed.R.B.P. 7001 and 9014.

(b) A party may take the depositions of only three persons.

(c) A party may serve only one set of written interrogatories upon each adverse party, provided however that the number of interrogatories to any one party shall not exceed thirty (30), each of which shall consist of a single question.

(d) A party may serve only one set of requests for admissions upon each adverse party, provided however that the requests for admissions shall not exceed twenty (20) in number, each of which shall consist of a single request.

(e) In all other respects, the Federal Rules of Bankruptcy Procedure shall govern the procedures and manner of taking discovery.

(f) A request for discovery beyond that which is provided for herein shall be granted only upon motion and notice. In ruling upon such requests, the factors to be considered by the court shall include, but shall not be limited to, the following:

(1) whether the factual and legal issues involved in the case lend themselves to expanded discovery;

(2) the extent and expense of discovery anticipated in the case;

(3) the amount in controversy;

(4) the number of parties and their alignment with respect to the underlying claims and defenses; and

(5) whether any party would be prejudiced in the trial of the case by the application of this Rule.

(g) If any party fails to comply with the provisions of this Rule, the court may impose sanctions upon such party, or counsel for such party, or both.

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