(every bankruptcy lawyer needs to know to try an …every bankruptcy lawyer needs to know to try an...

(Every Bankruptcy Lawyer Needs to Know to Try an Issue of Fact)Presenters:

Honorable Carlota M. Bohm, United States Bankruptcy Court-Western District of PennsylvaniaGeorge M. Cheever, Esquire- K&L Gates LLP

Joseph Leibowicz, Esquire-Leibowicz Law LLCRoger P. Poorman, Esquire-McGrath McCall, P.C.

[email protected] K&L Gates LLP 412.355.8371 [email protected] Leibowicz Law LLC 412.281.5202 [email protected] McGrath McCall, P.C. 412.281.4333 www.lenderlaw.com

Most cases never go to trial; they settle But if you are not prepared to try a case, you won’t settle well Effective trial preparation is effective settlement preparation Nearly all time spent in discovery and motion practice Obstruction can be a good thing in the short run But it may doom you at trial

Facts matter Bad facts matter Your client’s bad facts matter Investigate Fearlessly◦ The sooner you find out about a problem, the more time you have to figure out a

way to solve it Ask your client hard questions◦ Your client views the case subjectively, but you must take an objective view (prior

to trial)

Never assume that the law and rules are the same as they were the last time you looked at them-LOOK AGAIN!◦ Look for opinions written by the Judge you are appearing in front of

Know the substantive law – not just the words, the values◦ Focus on the elements of your client’s claim/defense◦ The elements are your roadmap

Know the Rules of Civil Procedure applicable to your case◦ Most of the “Part VII” Rules of Bankruptcy Procedure apply to “contested

matters”-but not all

Know the Rules of Evidence◦ Rules/issues likely to be encountered Hearsay Business records Relevancy

Know the Judge’s individual chamber rules and requirements◦ The Judge’s website can be a wealth of information

Know the “Unwritten Rules”

Once you know the facts and the law, develop a story If you don’t have a story, you don’t have a case The facts vindicate the values Keep It Simple! Know your audience If the facts don’t fit the story you need to change the story, not the facts A jump ball goes to the most trustworthy party

Bankruptcy Judges have huge caseloads and are very busy-identify the issues and make it clear to the Court what those issues are

Doing so helps you to effectively prepare for trial and settlement Most facts should not be in dispute by the time you get close to trial Only fight about what’s important-pick your battles◦ Focus on the elements of the claim/defense

Try to agree on the applicable law◦ Most of the time this should not be controversial

Resolve evidentiary disputes in advance Limit motion practice Don’t be a Jackass Judges will require you to do all these things in Pretrial Statements Sample pretrial statements for all 4 Judges are included in your materials

Prepare a trial book (electronic or otherwise) What are the elements I need to prove, and how will I prove them?

Witnesses (Fact and Expert) Exhibits Admissions Stipulations Preliminary Rulings

Premark all exhibits and provide copies to the Court and opposing counsel◦ Mark the exhibits as set forth in the Judge’s practices/procedures (some Judges

have very specific instructions) Visit the courtroom, confirm available technology and functionality◦ Make sure you know how to use any technology you plan to incorporate

(remembering the importance of simplicity) Issue appropriate subpoenas and notices to appear

Trial is unfamiliar territory-make the process easier for them Tell your witnesses:◦ What to bring Driver’s license!◦ What to wear◦ Where to get off the bus, T, or park their car◦ Where to meet you (or someone from your office)◦ What time to arrive (remembering people tend to be late)◦ How long they can expect to be there◦ Other things to expect (security, crowdedness, etc.)

For every witness and piece of evidence, ask:◦ How will this testimony/piece of evidence help establish my case?◦ If you can’t immediately answer this question, then you probably don’t need that

witness’s testimony or that evidence Prepare Witness Outlines◦ Each witness’s contribution to the story◦ Exhibits to be introduced/used by the witness◦ Address weaknesses in direct testimony◦ Anticipate objections and other admissibility issues

Prepare cross examination outlines◦ Deposition testimony◦ Exhibits◦ Listen carefully◦ Adjust on the fly as needed

Do live runs with witnesses (if time and resources allow)

Tell your story Listen and watch carefully Expect surprises◦ Witnesses make mistakes◦ Judges make mistakes◦ You make mistakes

Don’t be a Jackass Keep the theatrics to a minimum-there is no jury

Watch the time Know when to stop on direct and cross◦ Know whether to cross at all

Know when to object -and when not to Be prepared to change your game plan Sometimes you have to risk the unknown-especially in bankruptcy! Preserve issues for appeal

Bankruptcy judges are very busy◦ Make the issues obvious◦ Following the local rules/courtroom procedures gives you credibility

Earn the Judge’s trust Proposed findings of fact and conclusions of law Respect the office, whether or not the man or woman Don’t be a Jackass

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TPA Form 017 – Revised 07/22/14)

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IN RE: F11 TO REPLACE :

:Case No. F11 TO REPLACE-TPA

Debtor(s) : Chapter F11 TO REPLACE :

F11 TO REPLACE F11 TO REPLACE

: :

Adversary No. Doc. No.

Plaintiff(s) : Related to Doc No. F11 TO REPLACE :

v. : :

F11 TO REPLACE F11 TO REPLACE

: :

Hearing: F11 TO REPLACE

Defendant(s) :

PRETRIAL SCHEDULING ORDER AND 7016(f) NOTICE AND NOW, this F11 TO REPLACE day of F11 TO REPLACE, after hearing on

F11 TO REPLACE(pleading and filing party) filed by F11 TO REPLACE, pursuant to

Fed.R.Bankr.P. 7016, it is hereby ORDERED, ADJUDGED and DECREED that all discovery

shall close on F11 TO REPLACE.

It is FURTHER ORDERED, that:

(1) On or before F11 TO REPLACE (14 days), all preliminary motions

including motions for summary judgment must be filed. If pleadings are not filed within the

specified time period, the Court’s calendar will not permit the motion(s) to be heard prior to the

date of trial.

(2) At the times listed below, Counsel for the Parties shall file with the Clerk

and serve upon opposing counsel, a Pretrial Narrative Statement/Stipulation (hereinafter

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“Pretrial Statement”) using the form attached to this Order and marked Exhibit “A” including

(among the other things listed in the form): (a) A brief statement of the case, including proposed

findings of fact and conclusions of law; (b) The names and addresses of witnesses expected to

be called; and, (c) A list of the exhibits to be offered.

(3) On or before F11 TO REPLACE (same date as in Paragraph 1),

Plaintiff(s)’/Movant(s)’/Claimant(s)’ portion of the Pretrial Statement shall be finalized and

served on all Parties with a copy filed with the Court. On or before F11 TO REPLACE (14

days later), Defendant(s)’/Respondent(s)’/Claimant(s)’ portion of the Pretrial Statement shall be

finalized and served on all Parties with a copy filed with the Court. [(Add this to paragraph only

if relevant) On or before (14 days later), any Third Party Defendant(s)’ portion of the Pretrial

Statement shall be finalized and served on all Parties with a copy filed with the Court.] The

Parties shall then meet and prepare a Consolidated Pretrial Statement. On or before F11 TO

REPLACE (14 days later), Plaintiff/Movant/Clamant shall file with the Court the completed and

Consolidated Pretrial Statement signed by all Parties.

(4) The Final Pretrial Conference in this matter shall take place on F11 TO

REPLACE (no earlier than 14 days later) at F11 TO REPLACE. The Parties must supply the

Court with a copy of Exhibits at least three (3) business days prior to the Final Pretrial

Conference. See the Pretrial Narrative Form at ¶ 7(C)(1). All of the matters scheduled above

will be heard in: (the Bankruptcy Courtroom, U.S. Courthouse, 17 South Park Row, Erie, PA

16501 OR Courtroom “C”, 54th Floor, U.S. Steel Tower, 600 Grant Street, Pittsburgh, PA).

Trial will be scheduled at that time for a date soon to follow. Unless prior leave of Court to

excuse such appearance on the basis of extraordinary circumstances is granted, it is mandatory

for lead Trial Counsel to appear at the Final Pretrial Conference.

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(5) Failure by any Party to timely comply with any terms of this Order will

result in the imposition of sanctions on said Party by, inter alia, reprimand, fine, prohibition

against said Party from offering testimony and/or dismissal.

_____________________________________ Thomas P. Agresti, Judge United States Bankruptcy Court

Case administrator to serve: F11 TO REPLACE

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[EXHIBIT “A” TO PRETRIAL SCHEDULING ORDER]

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IN RE: ________________________________ : Case No. ________________-TPA

Debtor(s) : Chapter __________________ :

_____________________________ :: Plaintiff(s) : v. : Adversary No. _____________

_____________________________ : Defendant(s) :

(Note: The designation “Plaintiff(s)/Defendant(s)” has been used throughout this form.

Depending on the type of matter at issue, Counsel shall appropriately designate the respective Parties involved in this matter, i.e., “Plaintiff(s)/Defendant(s)”, “Movant(s)/Respondent(s)”, “Claimant(s)/Respondent(s)”, etc.)

PRETRIAL NARRATIVE STATEMENT/STIPULATION It is stipulated by and between the Parties that:

(1) This is an action for: (2) Jurisdiction: (State basis and whether facts relative to jurisdiction and/or venue are

disputed or agreed.) (3) Plaintiff(s)' narrative statement of the case: (Very important to include a statement of

the Plaintiff's theory of Defendant's liability, Plaintiff's injuries (personal and/or proprietary), and Plaintiff's damages.)

(4) Defendant(s)’ narrative statement of the case: (5) Third Party Defendant's narrative statement of the case: (where applicable)

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(6) The following facts are stipulated by the Parties and require no proof: (here list each stipulated fact)

(7) In addition to the procedures below regarding exhibits, and for a more detailed

description of instructions for processing exhibits, see "Procedures for all of Judge Agresti's Cases" on the Court's website at http://www.pawb.uscourts.gov/tpa-proc.htm. The exhibits to be offered at the trial, together with a statement of all admissions, any objections and/or issues as to admissibility between the Parties with respect thereto are as follows: (A) You are to list all exhibits intended to be offered at trial by each Party, in the

sequence proposed to be offered, with a description of each exhibit sufficient for identification. If no objection exists as to a specific exhibit, the “Objection” column on the required Exhibit List is to remain blank. Any statement of issues between any of the Parties regarding admissibility of the specific exhibit, for example, “authenticity”, “due execution” thereof, or “relevancy”, must be inserted in the “Objection” column otherwise the objection will be waived. If no objections are noted on the Exhibit List following the description of an exhibit, the Parties will be deemed to have agreed to the admission of the exhibit for all intents and purposes.

(B) You are to use a form substantially similar to the form following this Pretrial

Narrative Statement/Stipulation for your Exhibit List.

(C) The courtroom practice concerning the use of exhibits is as follows:

1. Unless otherwise directed to do so sooner, Counsel must provide the Court with three (3) copies of the marked exhibits three (3) full business days prior to the date set for the commencement of any proceeding in which exhibits are to be offered. Each Party shall make an additional set of exhibits available for use by witnesses at the time of the taking of evidence in any proceeding. All exhibits must be marked by Counsel using appropriate exhibit labels. The labels must be marked to identify the proponent of the exhibit and the date of the proceeding in which it is used. Plaintiffs/Movants shall identify their exhibits by using letters. Defendants/Respondents shall use exhibit numbers.

2. In addition to the other requirements of this procedure, if any Party’s

exhibits cumulatively number, in the total aggregate, in excess of 20, single-sided, pages (not including an “Exhibit List” cover page index) they shall be bound in some manner, i.e., in loose-leaf notebook or hard binding, at the time of presentation to the Court and for use during any proceeding. The lower right hand corner of each page of the collective exhibit document shall be consecutively numbered (Bates Stamp

6

numbering) from the first page to the last page, independent of exhibit identification numbers previously placed on exhibits. The Party shall also provide the Court with a CD, USB drive or similar electronic medium containing the scanned exhibits in PDF format prior to the start of the proceeding with Bates Stamp numbering that matches the 3 hard copies provided. Counsel should contact the Court’s Chambers, if necessary, to ensure that the electronic medium is compatible with the Court’s computer system. Exhibits are NOT to be emailed to Chambers without prior Court approval.

3. Plaintiffs use exhibit letters. Defendants use exhibit numbers. Third Party

Defendants use exhibit numbers preceded by the notation “TPD”. Example:

Plaintiff (Name)

Defendant (Name)

3rd Pty Deft. (Name)

Exhibit A Exhibit #1 Exhibit #TPD-1 Date: Date: Date:

4. As previously noted, each Counsel shall prepare a List of Exhibits on the

attached form, identifying exhibits in the sequence in which they are intended to be offered at trial, with a descriptive notation sufficient to identify each separately identified exhibit. Counsel shall furnish a copy of the Exhibit List in their respective Pretrial Narrative Statements. Exhibits not so identified in the pretrial statement shall not be allowed at trial except upon a showing of cause. Mere inability to timely locate the exhibit shall not be considered cause.

5. Counsel shall provide opposing counsel with copies of all exhibits along

with submittal of the Pretrial Stipulation. Copies provided in response to a pretrial order will suffice at trial unless the Court rules otherwise.

6. Unless an objection is noted on the Exhibit Form provided on the Pretrial

Narrative Statement/Stipulation, the exhibits will be admitted without further testimony. As to any objections noted, the admissibility of those exhibits will be considered at the pretrial conference or before any testimony is taken, subject to the Court’s discretion. Only those exhibits to which a ruling on admission is reserved will require witness identification or authentication.

7. If necessary to offer, explain, or examine an exhibit, counsel shall request

leave to approach the bench or the witness. 8. Counsel are the custodians of their exhibits throughout the trial.

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9. All exhibits will be returned to the courtroom clerk at the conclusion of the trial. The clerk will retain the exhibits for 30 days after expiration of the time for appeal, they then will be destroyed. If there is no appeal and you wish to have your exhibits returned to you, you must make the necessary arrangements with the clerk prior to expiration of the said 30 day period.

(8) Examination of witnesses and argument may be conducted from counsel table or from

the lectern, using a microphone. (9) A complete list of all witnesses including names and addresses follows: (If any

witnesses are to be called as experts, an expert's report must be filed with the Pretrial Statement, otherwise the opinion testimony will be excluded at the time of trial.)

(10) Issues of Law: The following issues of law are contested and remain to be litigated upon

the trial. (A brief, no longer than 20 pages, should be filed along with the Pretrial Statement by each of the Parties setting forth the authorities in support of their respective legal positions.)

(11) Stipulations: The foregoing admissions of fact having been made, and the Parties having

specified the issues of fact and law remaining to be litigated, this stipulation shall supplement the pleadings and govern the course of the trial unless modified to prevent injustice.

(12) Authorization: My signature on this document authorizes the Parties and/or their

attorney(s) to examine all pertinent records and acknowledges that I have reviewed all documents and exhibits identified herein by all other parties and/or their attorney(s).

STIPULATED AND AGREED BY:

Attorney for Plaintiff

Attorney for Defendant

Attorney for Third Party Defendant

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[EXHIBIT FORM]

(CAPTION) EXHIBITS FILED ON BEHALF OF: _______________________________

Identification

Exhibit Number

Date of Exhibit

Witness Description Objections Court Rulings

CMB Form AP-4 (Updated 1/21/15)

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IN RE:

[DEBTOR], : Bankruptcy No. ___________- CMB

:

Debtor(s), :

: Chapter ____

[PLAINTIFF], :

:

:

Plaintiff(s), :

v. : Adversary No. ______

:

:

[DEFENDANT], :

:

:

Defendant(s). :

PRETRIAL STATEMENT

It is stipulated by and between the parties that:1

I. This is an action for (when applicable, specify the particular section(s) and

subsection(s) of the Bankruptcy Code, for example 11 U.S.C. §523(a)(2)(A)):

II. Plaintiff(s)’ narrative statement of the case:

1 If sufficient space is not available under any section herein to set forth all matters, attach a supplemental paper. This document is also available in Word format on the Court’s website under Judge Carlota Böhm’s Forms.


III. Defendant(s)’ narrative statement of the case:

IV. Third Party Defendant’s narrative statement of the case:

V. The parties, through counsel, shall engage in a good faith effort to stipulate all

facts as to which there is no actual dispute. The following facts are stipulated by

the parties and require no proof:

(List each stipulated fact here.)


VI. The following facts are contested by the parties:

(Include a statement of each party’s pertinent factual contentions and a

summary statement of the evidence to be offered in support of each

contention.)

A. Plaintiff(s):

B. Defendant(s):

C. Third Party Defendant:


VII. Exhibits:

A. During preparation of the Pretrial Statement, all parties are to pre-mark and

exchange copies of the exhibits they reasonably anticipate offering at trial.

B. All exhibits shall be pre-marked by counsel using exhibit labels. Plaintiff(s) use

exhibit numbers and Defendant(s) use exhibit letters. Each exhibit shall also be

pre-marked to indicate whose exhibit it is and the date of the trial.

Example:

C. The enclosed form shall be used to prepare the exhibit list.

D. Parties shall list their exhibits, in the sequence proposed to be offered, with a

description of each sufficient for identification and a statement of all admissions

by and all issues between any of the parties as to the genuineness thereof, the due

execution thereof, and the truth of the relevant matters of fact set forth therein or

in any legend affixed thereto, together with a statement of any objection reserved

as to the admissibility in evidence thereof. Objections to exhibits must be noted

in the Joint Pretrial Statement. If no objections are noted, the parties thereby

agree to the admission of the exhibit.

Plaintiff (Name) Exhibit #1 12/19/12 (Trial Date)

Defendant (Name) Exhibit A 12/19/12 (Trial Date)


EXHIBITS FILED ON BEHALF OF: _____________________________________

Case No. _______________________

Adv. No. _______________________

Date of Trial ____________________

Identification

Exhibit

Number/

Letter

Date of

Exhibit Witness Description

Offered/

Admitted

Objections/

Rulings/

Exceptions


VIII.

Witnesses:

A. Provide a complete list of all witnesses, including names and addresses, together

with a brief summary of the area of testimony each witness will address. Indicate

whether an objection has been made to each respective witness by placing a check

mark in the “Objections” column.

B. If any witness is to be called as an expert, an expert’s report must be filed.

C. All reasonably anticipated objections to the testimony and all motions to limit

testimony of a witness identified by an opposing party shall be filed with the court

and served on the opposing parties prior to the Final Pretrial Conference. It is the

responsibility of counsel to address any said objections at the Final Pretrial

Conference so that the objections may be resolved at that time.

D. Designation of a non-party witness on an opponent’s list of witnesses does not

relieve a party of assuring the presence of that witness at trial if his or her

testimony is desired.

E. If the parties consent to testimony by affidavit for any witness, that shall be

clearly indicated by the name of the witness in the list below.

Name of Witness Address Area of Testimony Objections


IX. Issues of Law:

A. The parties, through counsel, shall engage in a good faith effort to stipulate all

legal issues as to which there is no actual dispute. The Parties stipulate as follows:

B. List the issues of law that are contested and remain to be litigated at trial:

Stipulated and Agreed to By:

Dated __________________ by ____________________________________, counsel for the Plaintiff(s), ________________________________________________________ Dated __________________ by ____________________________________, counsel for the Defendant(s),______________________________________________________

i

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ______________________________________ In re: : : Case No. XX-XXXXX-GLT DEBTOR NAME(S), : Chapter __ : Debtor(s). : : PLAINTIFF NAME(S), : Adv. Proc. No. XX-XXXXX-GLT : Plaintiff(s), : : v. : : DEFENDANT NAME(S), : : Defendant(s). : :

[Note: The designation “Plaintiff(s)/Defendant(s)” has been used throughout this form. Depending on the type of matter at issue, Counsel shall appropriately designate the respective Parties involved in this matter ( i.e., “Plaintiff(s)/Defendant(s)”, “Movant(s)/Respondent(s)”, “Claimant(s)/Respondent(s)”, etc.)]

PRETRIAL STATEMENT/STIPULATION It is stipulated by and between the Parties that:

1. This is an action for: 2. Jurisdiction: (State basis and whether facts relative to jurisdiction and/or

venue are disputed or agreed.) 3. Plaintiff(s)’ Narrative Statement of the Case: (Include a statement of the

Plaintiff’s theory of Defendant’s liability, Plaintiff’s injuries (personal and/or proprietary), and Plaintiff’s damages.)

4. Defendant(s)’ Narrative Statement of the Case: 5. Third Party Defendant(s)’ Narrative Statement of the Case: (where

applicable)

ii

6. The following facts are stipulated by the Parties and require no proof: (List

separately each stipulated fact.)

7. Exhibit List Attached: (Each party shall file an Exhibit List substantially in the form attached hereto. For a detailed description of procedures relating to exhibits, see the General Procedures Established for Cases Assigned to Judge Gregory L. Taddonio on the Court’s website at www.pawb.uscourts.gov.)

8. Witness List: (Include a complete list of all witnesses for each party, including names and addresses of the witnesses. If any witnesses are to be called as experts, an expert’s report must be filed with the Pretrial Statement. Otherwise, opinion testimony will be excluded at the time of trial.)

9. Issues of Law: The following issues of law are contested and remain to be litigated upon the trial. (The legal issues identified here shall be addressed in more detail in the Trial Memorandum required by the Court’s pre-trial order.)

10. Stipulations: The foregoing admissions of fact having been made, and the Parties having specified the issues of fact and law remaining to be litigated, this stipulation shall supplement the pleadings and govern the course of the trial unless modified to prevent injustice.

11. Authorization: My signature on this document authorizes my consent to the filing of this Stipulation and acknowledges that I have reviewed all documents and exhibits identified herein by all other parties and/or their attorney(s).

STIPULATED AND AGREED BY:

[INSERT SIANGATURE BLOCKS CONTAINING SIGNATURES, NAMES, ATTORNEY I.D. NOS., ADDRESSES, TELEPHONE NUMBERS, FACSIMILE NUMBERS, AND E-MAIL ADDRESSES OF ATTORNEYS OR THE PARTIES (IF PRO SE).]

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ______________________________________ In re: : : Case No. XX-XXXXX-GLT DEBTOR NAME(S), : Chapter __ : Debtor(s). : : PLAINTIFF NAME(S), : Adv. Proc. No. XX-XXXXX-GLT : Plaintiff(s), : : v. : : DEFENDANT NAME(S), : : Defendant(s). : _____________________________________ :

EXHIBITS FILED ON BEHALF OF [INSERT PARTY NAME]

Exhibit Number

Date of Exhibit Witness Description Objections Court

Rulings

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ______________________________________ In re: : : Case No. XX-XXXXX-GLT DEBTOR NAME(S), : Chapter __ : Debtor(s). : : PLAINTIFF NAME(S), : Adv. Proc. No. XX-XXXXX-GLT : Plaintiff(s), : : v. : : DEFENDANT NAME(S), : : Defendant(s). : :

JOINT DISCOVERY PLAN AND STATEMENT OF ESTIMATED TIME OF TRIAL (Dated: ___________________)

Pursuant to Federal Rule of Civil Procedure 26(f) as incorporated by Federal Rule

of Bankruptcy Procedure 7026, a meeting between the parties was held on _______________

and was attended by _____________ for the Plaintiff(s) and ________________ for the

Defendant(s). Having discussed the nature and basis of their claims and defenses, and the

possibilities for a prompt settlement or other resolution, the parties agree upon the following

Joint Discovery Plan and Statement of Estimated Time of Trial (the “Joint Plan”).

1. The parties have made (or shall make by _______________) all

disclosures required by Federal Rule of Civil Procedure 26(a)(1) as incorporated by Federal

Rule of Bankruptcy Procedure 7026 as follows: [Include a description of the subject matter,

timing, and form of the Rule 26 disclosures, but do not submit the disclosures themselves to

the Court.]

ii

2. The parties have concluded that discovery will be needed on the following

subjects: [Include a brief description of each subject upon which discovery will be necessary.]

3. Disclosure or discovery of electronically stored information should be

handled as follows: [Include a brief description of the parties’ proposals.]

4. The parties have agreed to address claims of privilege, or of protection as

trial-preparation material, asserted after inadvertent production as follows: [Include a brief

description of the agreed upon terms.]

5. The parties shall have until _______________ to complete fact discovery

and to file discovery-related motions.

6. Each party shall serve no more than ____ interrogatories, including

subparts. No broad contention interrogatories (i.e., “List all facts supporting your claim

that . . .”) shall be used. Good cause must be shown for the allowance of more than 25

interrogatories (as provided for in Fed. R. Civ. P. 33 and Fed. R. Bankr. P. 7033), and answers to

interrogatories shall be due no later than ____ days after service of the same.

7. Each side shall take no more than ____ depositions, each of which is not

to exceed ____ hours (unless extended by agreement of the parties). Good cause must be shown

for allowance of more than ten (10) depositions (as provided for in Fed. R. Civ. P. 30 and Fed. R.

Bankr. P. 7030).

8. Each side shall serve no more than ____ requests for admissions.

Answers to requests for admissions shall be due no later than ____ days after service of the

same.

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9. The parties shall have until _______________ to move to join additional

defendants, amend the pleadings to add additional claims or defenses, and/or file any other non-

dispositive motions (e.g., motions seeking consolidation, bifurcation, etc.).

10. The parties shall have until _______________ to identify the subject

matter/discipline of each expert witness that may be called at trial (if applicable). Names of

expert witnesses and initial reports under Fed. R. Civ. P. 26(a)(2), as incorporated by Fed. R.

Bankr. P. 7026, shall be due no later than _______________, and rebuttal reports are due no later

than _______________. All parties claiming damages must, by no later than _______________,

identify and disclose the damages such party intends to provide at trial and identify and describe

the manner and method in which such damages claims are calculated. All expert witness

discovery shall be completed on or before _______________.

11. The parties shall file any motion(s) for summary judgment by

_____________________.

12. If a demand for a jury trial has been made, the parties [DO/DO NOT]

consent to have such trial conducted by this Court.

13. If the adversary proceeding is a non-core matter under 28 U.S.C. §§ 157

and 1334, the parties [DO/DO NOT] consent to the entry of a final order by this Court.

14. The parties have estimated that approximately ____ days will be needed to

conduct a trial in this case.

15. The parties shall be ready for a pretrial conference on or after

_________________, and the parties shall be ready to evaluate this case for settlement purposes

at that time.

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WHEREFORE, the parties to this adversary proceeding respectfully request that

the Court enter an order authorizing and implementing this Joint Discovery Plan and Statement

of Estimated Time of Trial, and grant such other relief as the Court deems just and proper.

[INSERT SIANGATURE BLOCKS CONTAINING SIGNATURES, NAMES, ATTORNEY I.D. NOS., ADDRESSES, TELEPHONE NUMBERS, FACSIMILE NUMBERS, AND E-MAIL ADDRESSES OF ATTORNEYS OR THE PARTIES (IF PRO SE).]

(every bankruptcy lawyer needs to know to try an …every bankruptcy lawyer needs to know to try an...

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