Standard Discovery Plan Or Request For Waiver Of Filing Discovery Plan
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) )T ime: 17 1. Discovery Plan 18 Request for waiver of requirement to prepare and file a formal discovery plan.19 The parties certify that all discovery can be completed informally, without the need of court20 intervention and in conformance of the Standard Discovery Plan, and that the matter will be ready for21 trial within 120 days, or 22 A discovery plan is neededor usef ul in this case. Check one: 23 The parties agree to the standard discovery plan and scheduling order. The first24 defendant answered or otherwise appeared on . Disc overy shall be completed25 within days, measured from the date the first defendant answered or otherwise appeared.26 Discovery will close by . 27 28 1 <<<<<<<<<********>>>>>>>>>>>>> 2 1 The parties jointly propose to the court the attached discovery plan and 2 scheduling order. (Use Official Form 35 to the Federal Rules of Civil Procedure.) 3 The parties cannot agree on a discovery plan and scheduling order. The 4 attached sets forth the parties disagreements and reasons for each partys position. (Use Officia l 5 Form 35 of the Federal Rules of Civil Procedure.) 6 Complete parts 2 - 6. 7 2. Nature of the Case. Brief description of the nature of the case, i.e., dischargeability, denial 8 of discharge, turn-over, contract, etc. 9 10 3. Jury Trials: Check one: 11 A demand for a jury trial has not been made 12 A demand for a jury trial has been mapursuant de to Fed. R. Civ. P. 38(b), and in 13 conformity with LR 9015, but one or more of the parties does not consent to a jury trial pursuant to 14 28 U.S.C. 157(e). 15 It is expressly understood by the undersigned parties they have demanded a jury trial 16 pursuant to Fed. R. Civ. P. 38(b), and in conformity with LR 9015, and have consented to a jury trial 17 pursuant to 28 U.S.C. 157(e). 18 An original and two (2) copies of all instructions requested by either party shall be submitted 19 to the clerk for filing on or before . 20 An original and two (2) copies of all suggested questions of the parties to be asked of the jury 21 panel by the court on voir dire shall be submitted to the clerk for filing on or before . 22 4. Additional Pleadings. Are there any counterclaims, cross claims or amendments to the 23 pleadings expected to be filed? 24 Yes 25 No 26 5. Settlement [ cannot / can ] be evaluated prior to additional discovery. (Circle one). 27 28 2 <<<<<<<<<********>>>>>>>>>>>>> 3 1 6. The case should be ready for trial by and should take 2 day(s). 3 7. All parties (consent/do not consent) to this court entering final judgment. (Circle one). 4 5 Dated: Dated: 6 7 Signature of Counsel for Plaintiff(s) Signature of Counsel for Defendant(s) 8 Type Name of Counsel Type Name of Counsel 9 ORDER RE: PRE-TRIAL MATTERS; TRIAL; 10 AND SETTLEMENT CONFERENCE 11 The parties having filed a discovery plan or a request for waiver in this case, and for good 12 cause appearing, 13 IT IS HEREBY ORDERED that the provisions checked below are hereby adopted by this court 14 as its order. 15 The request for waiver is granted and no formal discovery plan is required to be filed. 16 The discovery plan filed by the parties shall govern the matters set forth therein. 17 Discovery shall be complete byd the date shown in the Standard Discovery Plan. 18 The pre-trial conference set with the issuance of the summons (or the continuance of 19 the pre-trial conference) is hereby vacated. 20 The parties shall participate with their clients in a settlement conference in accordance 21 with the Settlement Conference Order (a copy of which will be sent by the court). 22 The court may at a later timeither upon its own motion or at , e the request of counsel, order23 a settlement conference. 24 A pre-trial conference will be held on a t in the25 courtroom of Judge . 26 Each party shal fl ile a trial statement (o counsel mayr meet and file a joint trial 27 statement) containing the information as shown on, and in the form of, Part A attached hereto. 28 3 <<<<<<<<<********>>>>>>>>>>>>> 4 1 Filing of the Trial Statement(s) shall be on or before noon on the last court day before the date set for 2 a pretrial conference, OR if no pretrial conference is held, then on or before noon on the last court day 3 before trial. 4 Each party shal lodgl e with the Courtroom Deputy Clerk not later than the morning of 5 the date of trial the following: 6 (a) EXHIBITS: A log of exhibits. A copy of the exhibit log may be obtained from the 7 Courtroom Deputy Clerk. All exbits shahi ll be marked and stickers shall be affixed on the 8 lower right-hand corner of the exhibit whenever possible. 9 All exhibits to which there are no objection shall be admitted by stipulation. Counsel10 may stipulate to an exhibit on one ground ., foundation) while preserving(e.g an objection on11 another ground (e.g., relevance). 12 (b) WITNESSES: A list of witnesses with addresses of each witness to be called13 by such party. 14 Trial of this matter is set for at 15 in Courtroom . 16 17 IT IS SO ORDERED. 18 19 DATED: 20 21 UNITED STATES BANKRUPTCY JUDGE 22 23 24 NOTE: Copy will be placed in submitting attorney pick-up box. Submitting attorney must send a 25 copy of the signed Discovery Plan/Order to all parties involved and file a Certificate of Mailing with the Court. 26 27 28 4 <<<<<<<<<********>>>>>>>>>>>>> 5 1 PART A 2 (Trial Statements) 3 Counsel for Plaintiff(s) and Defendant(s) may meet and prepare a joint trial statement or each shall 4 file a trial statement. The trial statement(s) shall contain the following: 5 1. The disclosures required by Fed. R. Civ. P. 26(a)(3), as adopted by Fed. R. Bank. P. 6 7026 and LR 7026. Objections shall be filed and served five (5) business days before trial. 7 2. A concise statement of the nature of the action and contentions of the parties. 8 3. A statement as to the core or noncore jurisdiction of the Court, with legal citations. 9 4. Stipulated facts. 10 5. Contested issues of law with concise memorandum of authority.11 6. Log and copies of exhibits, bound and tabbed, which may be offered in evidence,12 including