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DISCOVERY: Rule 7026 Compliance

7026-1(a)-(b):  DISCOVERY: Rule 7026 Compliance

Parties in adversary proceedings or contested matters may conduct discovery by following procedures outlined in the FRBP 7026-7037 or FRBP 2004.  The discovery process may include taking depositions, serving interrogatories, requesting production of documents, taking a 2004 examination, etc.

In adversary proceedings, the court requires that the original plaintiff serve a notice that all parties to the adversary proceeding must comply with FRBP 7026 and LBR 7026-1.   When the parties file a joint status report, the parties must each disclose whether they are in compliance with "Rule 26" -- which means FRCP 26. 

In federal court, discovery is not like what is shown on television where parties surprise the court with last minute paperwork or witnesses.  In federal court, discovery must be cooperative and include sharing required documents and lists of witnesses far in advance of a trial.  

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
7026-1(a)-(b)