Discovery Motions

In addition to the certification under Federal Rule of Civil Procedure 37(a)(1) that must be filed with a discovery motion, the parties to the discovery motion must file a joint stipulation not later than 24 hours before the hearing on such motion setting forth the matters that remain unresolved. [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; December 1, 2009; September 4, 2024.] 2024 Advisory Committee Notes Local Rule 7037-1 was amended to remove language that was duplicative of Fed. R. Civ. P. 37(a), as incorporated by Fed. R. Bankr. P. 7037. For example, Fed. R. Civ. P. 37(a)(1) requires a certification that “the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.” The requirement that a discovery conference be held within seven days of a written request for such a conference was also removed. Parties should contact the courtroom deputy for the judge assigned to the adversary proceeding to schedule a discovery conference.

The timing of the discovery conference is at the discretion of the judge. If a discovery motion is filed, it will be heard at the appropriate time. See Local Rule 7007-1. The requirement that the parties include memoranda in support of or in opposition to their respective contentions was also removed, as such memoranda should be included with the motion and any response thereto.

Finally, the provision about attorney’s fees was removed as duplicative of Fed. R. Civ. P. 37(a)(5). Rule 7041-1. [ABROGATED] [Effective April 15, 1997. Amended effective January 9, 2006; March 1, 2017; October 1, 2019. Abrogated effective September 4, 2024.] 2024 Advisory Committee Notes Local Rule 7041-1 was abrogated to remove unnecessary language and to ensure consistency with Fed. R. Bankr. P. 7041.

See also Fed. R. Civ. P. 41. The 2023 Advisory Committee Notes to Local Rule 9019-1 indicated that language from former Local Rule 9019-1(c) would be addressed in Local Rule 7041-1. That language is no longer necessary. Rule 9019(a) begins with, “On motion by the trustee and after notice and a hearing . . .

“ (emphasis added). See also Fed. R. Bankr. P. 9001(11) (“‘Trustee’ includes a debtor in possession in a chapter 11 case.”); Fed. R. Bankr. P. 9001(5) (defining “Debtor”). Thus, Fed. R. Bankr. P. 9019(a) applies to settlements by the “trustee.” Any such motion must be filed in the main bankruptcy case. 42 Rule 7054-1. [ABROGATED] [Effective April 15, 1997.

Amended effective January 1, 2002; December 1, 2009; April 1, 2013; December 1, 2017. Abrogated effective September 4, 2024.] 2024 Advisory Committee Notes Local Rule 7054-1 was abrogated as duplicative of Fed. R. Bankr. P. 7054. Refer to Director’s Bankruptcy Form 2630 for a bill of costs.