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1 Naomi Medvin, et al., Implementation of Selected Amendments to Federal Rule of Civil Procedure 26 by United States Bankruptcy Courts 1 (1995)

handle is hein.congcourts/isebaco0001 and id is 1 raw text is: Implementation of Selected Amendments to Federal Rule of Civil Procedure 26 by United States Bankruptcy Courts Naomi Medvin, F. James Kearney and Elizabeth C. Wiggins Research Division Federal Judicial Center March 8, 1995 On December 1, 1993, amendments to the Federal Rules of Civil Procedure went into effect. Among these, amended Fed. R. Civ. P. 26(a) requires the disclosure of certain information without awaiting a formal discovery request and amended Fed. R. Civ. P. 26(d) and (f) provide 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. By virtue of Fed. R. Bankr. P. 7026 and 9014, Fed. R. Civ. P. 26 is applicable to adversary proceedings and contested matters. A significant feature of amended Civil Rule 26 is the option given to courts to exempt all cases or categories of cases from some or all of the rule's requirements. In March 1994, the Federal Judicial Center prepared a summary of the United States District Courts' implementation of these amendments. The district court summary showed great variation in district courts' responses to Civil Rule 26. To determine how United States Bankruptcy Courts have responded to the Rule 26 amendments, the Center asked bankruptcy court clerks in June 1994 to send copies of all local rules or general orders adopted in response to the revised discovery rule and any additional materials that describe local practices. The attached chart summarizes the information collected from the United States Bankruptcy Courts by identifying districts that have: * opted out of some or all of the provisions of the amended rule; * deferred final decision on implementation pending further study; * implemented the amended rule provisions differently for adversary proceedings and contested matters; * issued a court order on the amendments. It also summarizes other discovery-related requirements in effect in the districts to the extent we were provided that information. Below we briefly describe selected amendments to Rule 26.1 Then we explain how to use the attached chart and describe some of the patterns in the courts' responses to the amendments. 1 The description of the amendments was adapted from Donna Stienstra's report on the U.S. District Courts' implementation of Fed. R. Civ. P. 26.

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