(d) Discovery limitations. (1) Unless otherwise ordered by the court, all discovery must be commenced in time to be completed by one hundred twenty (120) days after the answer or first appearance by the first defendant in cases in which a discovery plan is required. (2) Unless otherwise ordered by the court, the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to subsection (b)(1) of this rule may commence discovery upon the commencement of the action. (3) The court shall approve, disapprove, or modify the Discovery Plan and enter such other orders as may be appropriate following the first scheduling conference. At any time, including upon request of a party, the court may order a conference of all the parties in order to discuss the provisions of the Discovery Plan or scheduling order. (e) Extension of discovery time. (1) Unless otherwise ordered by the court, an extension of the discovery deadline will not be allowed without a showing of good cause as to why all discovery was not completed within the time allotted. All motions or stipulations to extend discovery shall be received by the court at least twenty (20) days prior to the date fixed for completion of discovery, or at least twenty (20) days prior to the date of expiration of any extension thereof that may have been approved by the court. Such motion or stipulation and any motion or stipulation to reopen discovery shall include: (A) A statement specifying the discovery completed by the parties as of the date of the motion or stipulation; (B) A specific description of the discovery which remains to be completed; (C) The reasons why such remaining discovery was not completed within the time limit of the existing discovery deadline plan; and (D) A proposed schedule for the completion of all remaining discovery. (2) It is the responsibility of counsel to ensure that all discovery is initiated so as to be completed by the expiration of the period set out in the Discovery Plan. No additional discovery shall be permitted thereafter except as provided herein. (f) Demand for prior discovery. Whenever a party makes a written demand for discovery which took place prior to the time that person or entity became a party to the action, each party who has previously responded to a request for admission or production or answered interrogatories shall furnish to the demanding party the documents in which the discovery responses in question are contained for inspecting and copying or a list identifying each such document by title, and upon further demand shall furnish to the demanding party at the expense of the demanding party, a copy of any listed discovery response specified in the demand; or, in the case of requests for production, shall make available for inspection by the demanding party all documents and things previously produced. Further, each party who has taken a deposition shall make a copy of the transcript available to the demanding party for copying at the latter’s expense. (g) Discovery motions. (1) All motions to compel discovery or for protective orders shall, in addition to the discovery being sought or enjoined in the motion, set forth in full the text of the discovery originally sought or enjoined and the response made thereto, if any, and comply with Fed. R. Civ. P. 26(c), as adopted by Fed. R. Bank. P. 7026, in all respects. (2) Discovery motions will not be considered unless a statement of moving counsel is attached thereto certifying that, after personal consultation and sincere effort to do so, counsel have been unable to resolve the matter without court action. (3) Any attorney or party appearing in pro se may make written application to, or, where time does not permit, make contact by telephoning the court, and request judicial assistance in resolving an emergency discovery dispute. The attorney or party seeking emergency relief shall endorse on the face of any written application the words “Request for Emergency Relief.” (h) Filing of discovery papers. Unless filing is ordered by the court on motion or upon its own motion, notices of deposition, depositions, interrogatories, requests for production or inspection, requests for documents, requests for admissions, answers and responses thereto and proof of service thereof shall not be filed with the court. Originals of responses to requests for admissions or production and answers to interrogatories shall be served upon the party who made the request or propounded the interrogatories and that party shall make such originals available at the time of any pretrial hearing or at trial for use by any party. Likewise, the deposing party shall make the original transcript of a deposition available at the time of any pretrial hearing or at trial for use by any party or filing with the court if so ordered. (i) Contested matters under Fed. R. Bank. P. 9014. Unless otherwise ordered by the court, Fed. R. Bank. P. 7026 and LR 7026 shall not apply to contested matters filed under Fed. R. Bank. P. 9014. LR 7030. DEPOSITIONS UPON ORAL EXAMINATION. (a) Commencement of discovery. Unless otherwise ordered by the court, the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1) may commence discovery upon the commencement of the action. (b) Commencement of discovery by deposition. (1) Depositions may be taken without leave of court in an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1) of this rule unless the plaintiff in such an adversary proceeding seeks to take a deposition prior to the expiration of thirty (30) days after service of the summons and complaint. If, however, a defendant in an adversary proceeding has served a notice of taking deposition or otherwise sought discovery, leave of court is not required. (2) Depositions may be taken without leave of court unless the party in an adversary proceeding seeks to take a deposition prior to the parties conferring pursuant to Fed. R. Civ. P. 26(f). (c) Requirements for transcripts. Unless the parties stipulate or the court orders otherwise, depositions shall be recorded by stenographic means. LR 7031. DEPOSITION UPON WRITTEN QUESTIONS. (a) Commencement of discovery. Unless otherwise ordered by the court, the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1) may commence discovery upon the commencement of the action. (b) Commencement of discovery by deposition. Except as provided in Fed. R. Civ. P. 3l(a)(2)(B): (1) After commencement of an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1), any party may take the testimony of any person, including a party, by deposition upon written questions. (2) Depositions may be taken upon written questions without leave of court unless the party in an adversary proceeding seeks to take a deposition prior to the parties conferring pursuant to Fed. R. Civ. P. 26(f). (c) Requirements for transcripts. Unless the court orders otherwise, depositions shall be recorded by stenographic means. LR 7032. USE OF DEPOSITIONS IN ADVERSARY PROCEEDINGS. Unless the court orders otherwise, deposition testimony shall be offered by stenographic means. LR 7033. INTERROGATORIES TO PARTIES. (a) Commencement of discovery. Unless otherwise ordered by the court, the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1) may commence discovery upon the commencement of the action. (b) Number of interrogatories permitted; commencement of discovery by interrogatories. (1) Unless otherwise ordered by the court or stipulated by the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1), any party to such an action may serve upon any other party interrogatories not exceeding twenty-five (25) in number, including all discrete subparts, after commencement of the action. A defendant in an adversary proceeding shall not, however, be required to serve answers or objections to interrogatories before the expiration of forty-five (45) days after service of the summons and complaint upon the defendant. (2) Interrogatories may be served pursuant to Fed. R. Civ. P. 33 without leave of court unless the party in an adversary proceeding seeks to serve interrogatories prior to the parties conferring pursuant to Fed. R. Civ. P. 26(f). LR 7034. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES. (a) Commencement of discovery. Unless otherwise ordered by the court, the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1) may commence discovery upon the commencement of the action. (b) Requests for production or inspection. (1) Unless otherwise ordered by the court or stipulated by the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1), any party may serve upon any other party a request for production or inspection after commencement of such action. A defendant in an adversary proceeding shall not, however, be required to respond before the expiration of forty-five (45) days after service of the summons and complaint. (2) Requests for production or inspection may be served pursuant to Fed. R. Civ. P. 34 without leave of court unless the party in an adversary proceeding seeks to request production or inspection prior to the parties conferring pursuant to Fed. R. Civ. P. 26(f). (c) Responses to discovery sought. All responses to discovery sought shall, immediately preceding the response, identify the number or other designation and set forth in full the text of the discovery sought. LR 7035. PHYSICAL AND MENTAL EXAMINATIONS OF PERSONS. Whenever a party in the pleadings filed with the court places any party’s present, past or future physical or mental condition in issue, that party may not prevent discovery of information concerning such physical or mental condition or prior history related thereto by asserting any physician-patient privilege provided by state law against discovery or information concerning such physical or mental condition or prior history directly related thereto. LR 7036. REQUESTS FOR ADMISSION. (a) Commencement of discovery. Unless otherwise ordered by the court, the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1) may commence discovery upon the commencement of the action. (b) Requests for admissions. (1) Unless otherwise ordered by the court or stipulated by the parties to an action exempted by Fed. R. Civ. P. 26(a)(1)(E) or by order obtained pursuant to LR 7026(b)(1), any party may serve upon any other party a request for admission after commencement of such action. A defendant in an adversary proceeding shall not, however, be required to serve answers or objections to requests for admissions before the expiration of forty-five (45) days after service of the summons and complaint upon the defendant. (2) Requests for admission may be served pursuant to Fed. R. Civ. P. 36 without leave of court unless the party in an adversary proceeding seeks to request admission prior to the parties conferring pursuant to Fed. R. Civ. P. 26(f).

Vegas Law