(a) Required Disclosure. The affirmative disclosure required to be made by a party under Fed.R.Civ.P. 26(a)(1), (2) and (3) as incorporated by FRBP 7026, without awaiting a discovery request, shall not be operative unless specifically ordered in a given proceeding.
(b)
Meeting of Parties. Unless otherwise ordered by the court, the provisions
of Fed.R.Civ.P. 26(d) and (f), as incorporated by FRBP 7026, insofar as
they mandate an actual meeting of the parties 14 days before a scheduling
conference, require the submission of a written report and prohibit a party
from seeking discovery from any source prior to any such meeting, shall
not apply to contested matters or adversary proceedings.
Comment
This "opt-out" provision permits the court to implement provisions of Fed.R.Civ.P. 26, as made applicable to bankruptcy by FRBP 7026, on a case by case basis as deemed appropriate. As a general rule, however, the times specified within the federal rule do not easily conform to the time frame within which contested matters governed by FRBP 9014 are heard, nor, for how adversary proceedings are handled.
This rule should
be read in conjunction with Local Bankruptcy Rule 7016-1.