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L.B.R. 7026-1. Discovery – General

(a)  Discovery and Trial Schedule.  When an adversary proceeding is at issue, the Court may direct the parties to develop a discovery plan and pretrial deadlines and file a joint report on the same pursuant to Fed. R. Civ. P. 26(f) or, in its discretion, may set a trial.

(b)  Depositions.  Unless otherwise agreed by the parties and the deponent or ordered by the Court, reasonable notice for the taking of depositions or conducting examinations under Fed. R. Bankr. P. 7030 (Fed. R. Civ. P.  30(b)(1)) is at least 14 days.

(c)   Discovery Materials

(1)  The term “Discovery Materials” includes without limitation deposition transcripts, interrogatories and responses, requests for production or inspection and responses, requests for admission and responses, and initial and supplemental disclosures.

(2)  Discovery Materials should not be filed with the Court, unless the Court orders otherwise.

(3)  If a party anticipates using Discovery Materials, or a portion of them, at trial or hearing, then that party must mark and prepare excerpts of relevant portions to be offered into evidence.

(d)  Discovery Disputes.  

(1)  If there is a discovery dispute, parties must meet and confer in a meaningful way to try to resolve any issues prior to requesting a discovery hearing.

(2)  If the parties cannot resolve all disputes without the assistance of the Court, then one or more parties may request a Court hearing by sending an email to the courtroom deputy/judicial assistant of the assigned judge at the chambers’ email address listed on the Court’s website, copied to all parties. 

(3)  No written discovery motions will be permitted without Court authorization, except that motions for protective orders pursuant to Fed. R. Civ. P. 26(c) may be filed.

(4)  The Court will schedule a hearing as promptly as possible.

(5)  No later than five days prior to the hearing, each party to the dispute must file a report identifying the discovery issue(s) in dispute without elaboration or argument.  The report may not exceed two pages in length.  It may contain citations to critical supporting legal authority but, no written motions, briefs, copies of written discovery, or any other attachments may be filed, unless expressly requested by the Court.

(6)  Parties and attorneys must appear in person at the hearing, unless otherwise authorized by the Court.

(7)  If a discovery dispute arises in the course of a deposition, one or more parties may telephone the chambers of the assigned judge at the chambers’ telephone number listed on the Court’s website, to request an emergency hearing on the matter.  If available, the Court may hold an immediate hearing on the dispute, by telephone or in person, as the Court specifies.

(e)  Stipulated Protective Orders.  A request for an order of the Court approving a stipulated confidentiality or protective order may be filed with the Court at any time. 

(f)    This Rule applies to contested matters as well as adversary proceedings.