United States Bankruptcy Court

for the District of Colorado


Local Bankruptcy Rule 726

Discovery*

(a) Unless otherwise ordered by the court, reasonable notice for the taking of depositions or conducting examinations under Fed.R.B.P. 2004 and 7030 (Rule 30(b)(1), F.R.Civ.P.) shall be not less than ten (10) days.

The filing of a motion for protective order shall stay the discovery or the Fed.R.B.P. 2004 examination pending further order of the court.

(b) Motions under Fed.R.B.P. 2004, 7026 and 7037 seeking the type of relief provided for in Rules 26(c) and 37(a), F.R.Civ.P., directed to interrogatories or requests under Fed.R.B.P. 2004, 7033 or 7034, or to responses thereto, shall set forth the interrogatory, request and response constituting the subject matter of the motion.

(c) Pursuant to Fed.R.B.P. 7005 and 7003, and Fed.R.Civ.P. 726(a)(4), discovery materials, including deposition transcripts, interrogatories and answers, requests for production or inspection, request for admissions and responses to them, and all initial disclosures and disclosures of expert testimony required by Fed.R.Civ.P. 26(a)(1) and (2) shall not be filed with the court. If relief is sought under Fed.R.B.P. 7026 or 7037, copies of the pertinent portions of discovery materials shall be filed with the motion. If interrogatories, requests, answers, responses, or other disclosures are to be used at hearing or trial, the portions to be used shall be marked and prepared for offering as evidence at the outset of the hearing or trial insofar as their use can reasonably be anticipated.

(d) A request for production or inspection under Fed.R.B.P. 2004 or 7034 shall fix the date, time, and place therefor. The party to whom the request is made shall comply, unless such party has already responded, objected, or sought relief under Fed.R.B.P. 2004 or 7026 seeking the type of relief provided for in Rule 26(c), F.R.Civ.P., within the times fixed by Fed.R.B.P. 7034 (Rule 34(b), F.R.Civ.P.).

(e) Unless otherwise ordered, the court will not entertain any motion under Fed.R.B.P. 2004, 7026 and 7037 seeking the type of relief provided for in Rules 26(c) and 37, F.R.Civ.P., unless counsel for the moving party has conferred or has made reasonable effort to confer with opposing counsel concerning the matter in dispute before the filing of the motion. Counsel for the moving party shall file a certificate of compliance with this Rule with any motion filed under Fed.R.B.P. 2004, 7026 and 7037 seeking the type of relief provided for in Rules 26(c) and 37, F.R.Civ.P.

*See also L.B.R. 914

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