Standard Discovery Plan Or Request For Waiver Of Filing Discovery Plan And Scheduling Order Re Pre Trial Matters And Trial
This is a Nevada form that can be used for Bankruptcy Court within Federal.
Last updated: 11/3/2006
1 Attorney Name Address 2 City, State Telephone 3 State Bar # 4 UNITED STATES BANKRUPTCY COURT 5 DISTRICT OF NEVADA * * * * * * * 6 In re ) BK- ) Chapter 7 ) ) Adv. No. 8 ) ) STANDARD DISCOVERY PLAN 9 Debtor(s). )O R ) REQUEST FOR WAIVER OF 10 ) FILING DISCOVERY PLAN ) (Circle One)11 ) AND ) SCHEDULING ORDER RE:12 ) PRE-TRIAL MATTERS Plaintiff(s), ) AND TRIAL 13 vs. ) ) PRE-TRIAL 14 ) Date: ) Time: 15 ) TRIAL ) Date: 16 Defendant(s) )Time: 17 1. Discovery Plan 18 Request for waiver of requirement to prepare and file a formal discovery 19 plan. 20 The parties certify that all discovery can be completed informally, without the need of21 court intervention and in conformance of the Standard Discovery Plan, and that the matter will 22 be ready for trial within 120 days, or 23 A discovery plan is needed or useful in this case. Check one: 24 The parties agree to the standard discovery plan and scheduling order. 25 The first defendant answered or otherwise appeared on . Discovery shall26 be completed within days, measured from the date the first defendant answered or 27 28 1 <<<<<<<<<********>>>>>>>>>>>>> 2 1 otherwise appeared. Discovery will close by . 2 The parties jointly propose to the court the attached discovery plan and 3 scheduling order. (Use Official Form 35 to the Federal Rules of Civil Procedure.) 4 The parties cannot agree on a discovery plan and scheduling order. The 5 attached sets forth the parties disagreements and reasons for each partys position. (Use Official 6 Form 35 of the Federal Rules of Civil Procedure.) 7 Complete parts 2 - 6. 8 2. Nature of the Case. Brief description of the nature of the case, i.e., dischargeability, 9 denial of discharge, turn-over, contract, etc. 10 11 3. Jury Trials: Check one: 12 A demand for a jury trial has not been made13 A demand for a jury trial has been made pursuant to Fed. R. Civ. P. 38(b), and in14 conformity with LR 9015, but one or more of the parties does not consent to a jury trial pursuant15 to 28 U.S.C. 157(e). 16 It is expressly understood by the undersigned parties they have demanded a jury17 trial pursuant to Fed. R. Civ. P. 38(b), and in conformity with LR 9015, and have consented to a18 jury trial pursuant to 28 U.S.C. 157(e). 19 An original and two (2) copies of all instructions requested by either party shall be20 submitted to the clerk for filing on or before .21 An original and two (2) copies of all suggested questions of the parties to be asked of the22 jury panel by the court on voir dire shall be submitted to the clerk for filing on or before 23 . 24 25 26 27 28 2<<<<<<<<<********>>>>>>>>>>>>> 3 1 4. Additional Pleadings. Are there any counterclaims, cross claims or amendments to the 2 pleadings expected to be filed? 3 Yes 4 No 5 5. Settlement Conference 6 ________ A settlement conference is requested. 7 If checked, a settlement conference is requested no earlier than . 8 _________Settlement cannot be evaluated prior to additional discovery. The parties 9 may later request a settlement conference. 10 6. Trial 11 The case should be ready for trial by and should take12 day(s). 13 7. All parties (consent/do not consent) to this court entering final judgment. (Circle one).14 15 Dated: Dated: 16 17 Signature of Counsel for Plaintiff(s) Signature of Counsel for Defendant(s)18 Type Name of Counsel Type Name of Counsel19 20 21 22 23 24 25 26 27 28 3 <<<<<<<<<********>>>>>>>>>>>>> 4 1 ORDER RE: PRE-TRIAL MATTERS; TRIAL; 2 AND SETTLEMENT CONFERENCE 3 The parties having filed a discovery plan or a request for waiver in this case, and for good 4 cause appearing, 5 IT IS HEREBY ORDERED that the provisions checked below are hereby adopted by this 6 court as its order. 7 The request for waiver is granted and no formal discovery plan is required to be 8 filed. 9 The discovery plan filed by the parties shall govern the matters set forth therein.10 Discovery shall be completed by the date shown in the Standard Discovery Plan.11 The scheduling conference set with the issuance of the summons (or the12 continued scheduling conference) is hereby vacated. 13 The parties shall participate with their clients in a settlement conference in14 accordance with the Settlement Conference Order (a copy of which will be sent by the court).15 The court may at a later time, either upon its own motion or at the request of counsel,16 order a settlement conference. 17 A pre-trial conference will be held on at . 18 TRIAL STATEMENTS 19 ___ No trial statement is required. 20 Each party shall file a trial statement (or counsel may meet and file a joint trial21 statement) 22 ____ The parties shall file a joint trial statement.23 Trial statements shall contain the information as shown on, and in the form of, Part A24 attached hereto. Trial statements shall be filed on or before fourteen days before the pre-trial25 conference, or if no pre-trial conference is set fourteen days before trial.26 27 28 4<<<<<<<<<********>>>>>>>>>>>>> 5 1 Any objections made pursuant to Fed. R. Bank P. 26(a)(3) shall be made no later than 2 five days after the opposing party files its Trial Statement. 3 PRETRIAL MOTIONS 4 ____ Motions in Limine must be filed ______days prior to the pre-trial conference, or 5 if no pre-trial conference is set, _____ days before trial. Responses are due no 6 later than five days thereafter. 7 ____ Trial of this matter is set before a visiting judge in Las Vegas. Any motions 8 regarding this adversary shall be set by contacting the Courtroom Deputy, 9 Harriette Whitehouse, at 388-6710. 10 ____ Trial of this matter is set before a visiting judge in Reno. Any motions regarding11 this adversary shall be set by contacting Linda Duffy at (775) 784-5023, ext.12 3111. 13 EXHIBITS/WITNESS LISTS 14 Each party shall lodge and meet with the Courtroom Deputy Clerk not later than the day15 before the trial the following: 16 (1) The original and 1 copy of all exhibits, bound and tabbed. All exhibits shall17 be marked with stickers on the lower right corner of the exhibit whenever possible. 18 Log forms may be obtained from the Courtroom Deputy Clerk. 19 All exhibits to which there are no objection shall be admitted by stipulation. 20 Counsel may stipulate to an exhibit on one ground (e.g., foundation) while preserving an21 objection on another ground (e.g., relevance). 22 (2) List of witnesses with correct spelling of the witnesses full name.23 Counsel must make an appointment with the respective Courtroom Deputy to meet24 with them to lodge the exhibits. 2