Discovery.

Page | 55 discovery dispute shall not be filed until all attorneys have explored the possibility of resolving the discovery matters in controversy. The Court will not consider any motion concerning a discovery matter unless the motion is accompanied by an attorney’s statement that a good faith effort has been made to resolve the discovery matter at issue. (f) No Filing of Discovery with Court. Discovery of any type shall not be filed with the Court at any time unless a discovery dispute occurs and appropriate motions are filed, or the Court directs the parties to file discovery.

A notice that discovery is occurring shall not be filed with the Court. (g) Motions to Compel. After a discovery request is objected to or not complied with in a timely manner, and if not otherwise resolved under subsection (e) of this Local Rule, it is the responsibility of the party initiating discovery to place the matter before the Court in a timely manner. A motion must be filed under Fed. R. Bankr. P. 7037, and in compliance with Mont.

LBR 9013-1, to compel an answer, production, designation, or inspection. However, a party properly notified of a deposition must appear and submit to the deposition unless a motion to quash has been granted. (h) Other Discovery Motions. Motions for a protective order under Fed. R. Civ. P. 26(c) conference, as incorporated in Fed. R. Bankr. P. 7026, and motions to compel physical or mental examination, including Fed. R. Bankr. P. 7035 shall comply with Mont.

LBR 9013-1 and subsection (f) of this Local Rule. (i) Discovery Replies. A response to a discovery motion and request for a hearing shall be filed in compliance with Mont. LBR 9013-1.

(j) Compliance with Discovery Orders. After the Court has ruled on a discovery motion, any answer, production, designation, inspection, or examination required by the Court shall be done within 14 days after the entry of the order of the Court, oral or otherwise, unless otherwise ordered by the Court. (k) Failure to Comply with Orders. Should a party fail to comply with an order of the Court concerning discovery motions, it is the objecting party’s responsibility to place the matter before the Court by a proper motion for supplementary relief under Fed. R. Bankr. P. 7037.

(l) Unnecessary Discovery Motions or Objections. The presentation to the Court of unnecessary discovery motions or requests, as well as unwarranted opposition to proper discovery proceedings, may subject the offender to remedies and sanctions, including the imposition of costs and attorney fees.