7026-1(c): DISCOVERY: Resolve Disputes about Discovery Process
LBR 7026-1(c) requires that parties comply with a procedure to resolve a dispute about the discovery process when parties do not agree or are not complying with discovery procedures. For example, the parties may not agree on how to conduct a deposition or document production, a party seeks a protective order, or a party seeks compliance with a discovery request.
Specifically, the parties must take two actions BEFORE a party files a motion to have the court resolve the dispute:
- Meet and confer with each other AND
- Prepare a joint stipulation that details the dispute.
This mandatory procedure to resolve a discovery dispute applies in adversary proceedings, claims objections, and other contested matters (motions that were filed filed under FRBP 9014). The court does not offer a form for a joint stipulation.
See FRBP 7037 and FRCP 37 for provisions about failing to cooperate discovery, including sanctions.