7026-1

 

RULE 7026-1 DISCOVERY - GENERAL [Modified 9/9/13]

 

(a) Disclosure Requirements. Unless otherwise ordered, the disclosure requirements contained in Federal Rule of Bankruptcy Procedure 7026 apply to all adversary proceedings pending in this district.

 

(b) Time Limit for Rule 7026(f) Conference. Within 21 days before the scheduling order is due under R.I. LBR 7016-1(c), the parties shall meet and confer pursuant to Federal Rule of Bankruptcy Procedure 7026(f).

 

(c) Contents of Discovery Plan. Pursuant to Federal Rule of Bankruptcy Procedure 7026(f), within 14 days of the parties meeting, the parties shall file a discovery plan with the Court containing the information required by Rule 26(f)(1)-(4) (including the deadline for the close of discovery) and the following additional information:

 

(1) A proposed deadline to join other parties or amend the pleadings;

 

(2) A proposed deadline for filing dispositive and pre-trial motions;

 

(3) A proposed deadline for filing a Joint Pretrial Statement; and

 

(4) A statement whether the parties believe that referral of the dispute for mediation would be helpful and whether or not both parties agree to such a referral.

 

The Discovery Plan shall substantially comply with the form found in R.I. Bankr. Form O.2.

 

(d) Affidavit of Noncompliance. If either party fails to perform as required herein, the aggrieved party shall file an affidavit stating the facts which constitute the failure to cooperate. Upon consideration of an affidavit of non-compliance and any response thereto, the Court may order that the adversary proceeding proceed as a defaulted matter:

 

(1) When a matter brought by a plaintiff is in default as to the holding of the Fed.R.Bankr.P. 7026(f) conference or the filing of the discovery plan or any of the requirements specified in Fed.R.Bankr.P. 7026(f) and R.I. LBR 7026-1, the Clerk shall dismiss the matter for want of diligent prosecution. The party in default may have the matter reinstated only upon showing special circumstances, by motion, filed within fourteen (14) days of the dismissal.

 

(2) When a matter is in default by the defendant as to the holding of the Fed.R.Bankr.P. 7026(f) conference or the filing of the discovery plan or any of the requirements specified in Fed.R.Bankr.P. 7026(f) and R.I. LBR 7026-1, the defendant will not be allowed to present its defense at trial, except by leave of court, for cause shown.

 

(e) Discovery Materials Shall Not Be Filed with the Court. See R.I. LBR 5005-1(c).