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1 Elizabeth C. Wiggins & Shannon Wheatman, Implementation of the Disclosure Provisions in the Federal Rule of Civil Procedure 26 by the United States Bankruptcy Courts 1 (2000)

handle is hein.congcourts/idprofer0001 and id is 1 raw text is: Implementation of the Disclosure Provisions in Federal Rule Civil Procedure 26 by the United States Bankruptcy Courts Elizabeth C. Wiggins and Shannon Wheatman Research Division Federal Judicial Center December 2000 Fed. R. Civ. P. 26(a), as amended December 1, 1993, required the disclosure of certain information without awaiting a formal discovery request and amended Fed. R. Civ. P. 26(d) and (f) provided for the deferral of formal discovery until parties have met to discuss and plan discovery and to make or arrange for the exchange of discloseable information. (See the attached description of the amendments.) Fed. R. Bankr. P. 7026 made Fed. R. Civ. P. 26 applicable to adversary proceedings and by virtue of Fed. R. Bankr. P. 9014, it is applicable to contested matters unless the courts otherwise directs. A significant feature of Civil Rule 26, as amended in 1993, was the option given to courts to exempt all cases or categories of cases from some or all of the rule's requirements. In 1994-95, the Federal Judicial Center summarized whether United States Bankruptcy Courts had opted out of the provisions and presented that information to the Advisory Committee on Bankruptcy Rules. Findings of the 1994-1995 FJC Study We found that many courts had modified the national discovery rules for bankruptcy practice in their districts and that other courts were likely to do so in the future. Specifically, at the time of our 1995 report, we found that for adversary proceedings, 50 courts opted out of 26(a)(1), 26 opted out of 26(a)(2-3), and 43 courts opted out of 26(f). Other courts were not enforcing 26(a)(1), 26(a) (2) -(3), and 26(f) although they had not formally opted out of the provisions. Also, a number of courts had opted out of only subparts of the provisions. In addition, and not surprisingly, even more courts had opted out of the amended rule provisions for contested matters. Sixty-seven courts opted out of 26(a)(1), 42 opted out of 26(a)(2-3), and 59 courts opted out of 26(f). As with adversary proceedings, other courts were not enforcing 26(a)(1), 26(a)(2) -(3), and 26(f) for contested matters although they had not formally opted out of the provisions. And again, a number of courts had opted out of only subparts of the provisions. The 2000 Amendments A number of amendments to the 1993 disclosure requirements took effect on December 1, 2000. The amendments narrow the scope of the initial disclosure

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