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BLR 7026-3. Service and Filing of Discovery Material.

(a) Filing Not Generally Required. Interrogatories, requests for documents, requests for admission, answers, and responses thereto must be served upon opposing parties and their counsel, but they should not be routinely filed with the Bankruptcy Court. The party responsible for service of the discovery material must, however, file a certificate with the Bankruptcy Clerk indicating the date of service. The party must also retain the original discovery material and become its custodian. The original of all depositions upon verbal examination must be retained by the party taking the deposition.

(b) Selective Filing Required for Motions, Trial, and Appeal.

(1)   The custodial party must file with the Bankruptcy Clerk at the time of use at trial or with the filing of a motion, those portions of depositions, interrogatories, requests for documents, requests for admission, answers, and responses thereto which are used at trial or which are necessary to the motion.

(2)   Where discovery materials not previously in the record are needed for appeal purposes, the Bankruptcy Court may order, or counsel may stipulate in writing, that the necessary materials will be filed with the District Court Clerk.

(c) Depositions Under Seal. At the request of any attorney of record in the case, the Bankruptcy Clerk may open the original copy of any deposition which has been filed with the Bankruptcy Clerk in accordance with this rule. The Bankruptcy Clerk will note on the deposition the date and time at which the deposition was opened. The deposition shall not be removed from the Bankruptcy Clerk’s office.