Duty to Disclose; General Provisions Governing Discovery – E-
U.S. Bankruptcy Court for the Southern District of Florida
U.S. Bankruptcy Court for the Southern District of Florida
Discovery (a) ESI Conference. Parties must meet to discuss the topics set forth in the court’s Guidelines for ESI Conferences as follows: (1) Adversary Proceeding. In an adversary proceeding, by the date set forth in the Order Setting Scheduling Conference and Establishing Procedures And Deadlines. (2) Contested Matter.
(A) (B) If the court has ordered that Fed. R. Civ. P. 26(f) applies in a contested matter, by the date set forth in the scheduling order. If the court has not ordered that Fed. R. Civ. P. 26(f) applies in a contested matter, by or before the date a party serves written discovery. (b) Inadvertent Production of ESI. Unless a clawback agreement establishes a different procedure, the party receiving ESI must immediately return any ESI: (1) (2) that appears on its face to contain privileged communications or information protected as trial-preparation material; or as to which, within 28 days of production, the producing party gives notice to the receiving party of an inadvertent production of privileged communications or information protected as trial-preparation material.
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