A. Definition of Discovery Materials
For the purpose of this rule, the term discovery materials shall include all interrogatories, requests for production and inspection, requests for admission, and responses and objections thereto made pursuant to Fed.R.Bankr.P. 7033, 7034, and 7036, (Fed.R.Civ.P. 33, 34, and 36) and notices of depositions issued and transcripts of depositions taken pursuant to Fed.R.Bankr.P. 7030 and 7031 (Fed.R.Civ.P. 30 and 31), and all discovery taken pursuant to Fed.R.Bankr.P. 2004.
B. Discovery Materials Not to Be Filed Except By Order
(1) Except as provided by this rule, discovery materials shall not be filed with the clerk. The party serving the discovery materials or taking the depositions shall retain the original and be custodian of it. The judge, sua sponte, on notice of any party, or on application by a non-party, may require the filing of any discovery materials or may make provisions for a person to obtain a copy at their own expense.
(2) Where discovery materials are offered into evidence as an exhibit, the attorney producing them will retain them unless the judge orders them deposited with the clerk. Where the judge orders them deposited, they will be treated as exhibits subject to the provisions of Rule 414.
C. Use of Depositions in Open Court
Whenever a deposition or portion thereof is to be read in court, counsel using the deposition shall provide the judge with a copy. If less than all of the deposition is used, counsel shall identify the portion used.
Where depositions are to be filed with leave of the judge, the clerk, unless otherwise ordered, shall open and file them on receipt.
Parties may take and provide discovery by agreement of the parties without prior order of the judge or formal notices, subject to all notice requirements otherwise applicable to other parties. Nothing in this section excuses compliance with scheduling orders or applicable Fed.R.Bankr.P.
Committee Note: Sections A, B, and C are from Local General Rule 18. Section D encourages simplified informal discovery. Under section A, this local rule applies to discovery under Fed.R.Bankr.P. 2004.
