BANKRUPTCY RULE 7026-1

DISCOVERY

 

(A)           DISCOVERY

Except for subsection (d)(1), Fed. R. Civ. P. 26 applies in adversary proceedings unless otherwise ordered.

The court will enter an order setting a scheduling conference as necessary. Following the scheduling conference or under circumstances the court deems appropriate, the court will enter an order setting discovery deadlines and describing trial procedures. Parties may commence discovery from any source prior to the issuance of the scheduling order. Initial disclosure obligations are imposed immediately.

Discovery materials may not be filed unless relevant to a discovery-related motion or otherwise directed by the court.

(B)           DISCOVERY MOTIONS

(1)             The parties may not file a discovery motion (e.g., a motion to compel discovery, motion for sanctions, or motion for protective order) until the parties have conferred, either in person or by telephone, for the purpose of making a reasonable, good faith effort to resolve the dispute without involving the court. A written demand for relief without more is not sufficient; the moving party must make a reasonable effort to confer, and the opposing party must make a reasonable effort to participate.

(2)             In addition to the obligation to confer, the parties must not file a discovery motion until the parties have participated in a telephone conference with the bankruptcy judge, unless otherwise ordered by the court.       

(3)             A party's failure to comply with the requirements of this rule may result in sanctions, including summary granting or denial of the discovery motion, as appropriate, as well as an award of costs and reasonable attorney's fees.