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DISCOVERY: Notice of Filing of Documents

7026-2(a)-(c):  DISCOVERY: Notice of Filing of Documents

The court does not want parties to file discovery requests or documents produced in discovery unless the document is at issue at a trial or at a hearing in a contested matter.  This means parties must hold on to originals and copies of deposition transcripts, answers to interrogatories, expert reports, etc.  This is called "retain" or maintain "custody" of originals of discovery documents.  See LBR 7026-2(a)-(b).  The reason is that electronic dockets may become overburdened if voluminous discovery documents are filed, as those documents may include discovery that was taken, but may never be used to solve the dispute.

  • When a party wishes to submit a discovery document to support a motion or as evidence in a trial, the party must comply with LBR 7026-2(c) by filing a notice.  The court does not have a form.
  • The reason for requiring a notice is the notice must contain a proper caption that identifies the debtor and case numbers, parties to the dispute, and the hearing date and time, so that the court and other persons understand the purpose of filing the discovery document. 
  • If you have questions about this procedure, contact the clerk's office to determine what to do and the proper event code to use when filing the discovery document. See link below  
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
7026-2(a)-(c)
Reference to Local Rules and/or Forms: