Duty to Disclose; General Provisions Governing Discovery.

U.S. Bankruptcy Court for the Southern District of Mississippi

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of Mississippi

Rule: 7026-1

Jurisdiction: SDMSB

Bluebook Citation: Bankr. S.D. Miss. R. 7026-1

(a) Responses to Discovery Requests. When answering interrogatories, requests for production, and requests for admission, the replying party shall, as part of the answer, set forth immediately preceding the answer the question or request to which such answer is given. Failure to comply with this subdivision may result in the imposition of sanctions upon motion by the party propounding the discovery. (b) Service and Non-filing of Discovery.

Except as provided in subdivision (c) of this rule, unless the court orders otherwise, transcripts of depositions, exhibits to depositions, interrogatories, answers to interrogatories, document requests, responses to document requests, requests for admissions, and responses to requests for admissions shall not be filed with the clerk. (c) Filing of Discovery Needed for Trial or Dispositive Motion on Appeal. When discovery or disclosure material not on file with the clerk is needed for a trial, a dispositive motion, or an appeal, the necessary portion of that material may be filed with the clerk. Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -44- Rule 7030-1.

Depositions by Oral Examination. (a) Who May Attend Deposition. A deposition may be attended only by (i) the deponent, (ii) counsel for any party to the adversary proceeding and members and employees of their firms, (iii) a party who is a natural person, (iv) an officer or employee of a party who is not a natural person designated as its representative by its counsel, (v) counsel for the deponent, (vi) any consultant or expert designated by counsel for any party, (vii) the United States Trustee, (viii) counsel for any trustee, (ix) counsel for the debtor, (x) counsel for any official committee and (xi) counsel for any party providing postpetition financing to the debtor under sections 363 or 364. (b) Order of Confidentiality.

If a confidentiality order has been entered, any person who is not authorized under the order to have access to documents or information designated confidential shall be excluded from a deposition upon request by the party who is seeking to maintain confidentiality while a deponent is being examined about any confidential document or information. (c) Confidentiality of Documents. If any documents are deemed confidential by the producing party and the parties have not been able to agree on an appropriate protective order, until a protective order is in effect, disclosure should be limited to members and employees of the firm of trial counsel who have entered an appearance, and, where appropriate, have been admitted pro hac vice. Such persons are under an obligation to keep such documents confidential and to use them only for purposes of litigating the case.

(d) Reasonable Notice of Deposition. Unless otherwise ordered by the court, “reasonable notice” for the taking of depositions under Fed. R. Civ. P. 30(b)(1) shall not be less than 14 days. This rule does not abrogate any requirement contained within Fed. R. Bankr. P. 9016 or Fed. R. Civ. P. 45(c)(2)(B).

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