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BLR 7026-2. Discovery Period in Adversary Proceedings.

This rule applies only in adversary proceedings and whenever the Bankruptcy Court makes Part VII of the Bankruptcy Rules applicable in a contested matter.

(a) Length. All discovery proceedings must be initiated promptly so that discovery is initiated and completed within the time determined in accordance with BLR 7016(b), unless the Bankruptcy Court for cause shown shortens or extends the time for discovery. Discovery must be initiated sufficiently early in the discovery period to permit the filing of answers and responses thereto within the time limitations of the existing discovery period.

(b) Extensions of Time. Motions for extensions of time for discovery must be filed prior to the expiration of the original or previously extended discovery period. A request for extension must include the date issue was joined, the date on which the time limit in question is to expire,
the dates of any and all previous extensions of time, and a description of the additional discovery that is needed.

(c) Expert Witnesses. Any party who desires to use the testimony of an expert witness must designate the expert, absent cause shown, not less than thirty days prior to the close of discovery to permit the opposing party the opportunity to depose the expert and, if desired, to name its own expert witness sufficiently in advance of the close of discovery so that a similar discovery deposition of the second expert might also be conducted prior to the close of discovery.

Any party who does not comply with the provisions of the foregoing paragraph may not be permitted to offer the testimony of the party’s expert.

Any party objecting to an expert’s testimony based on Rule 702 of the Federal Rules of Evidence and based on cases such as Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), must file a motion no later than the date that the proposed pretrial order is submitted. Otherwise, such objections may be waived.