The automatic
limitation to 25 in number of written interrogatories which may be served
upon a party contained in Fed.R.Civ.P. 33(a) as incorporated by FRBP 7033
shall not apply in bankruptcy proceedings.
Comment
Revision of Fed.R.Civ.P.
33 to limit the number of interrogatories to "25 in number including all
discrete subparts" corresponded to the simultaneous revision of Fed.R.Civ.P.
26(a)(1)-(3) requiring affirmative disclosure of much of the information
previously obtained by interrogatory. Since by Local Bankruptcy Rule 7026-1
the court has exercised its right to opt-out of the affirmative disclosure
requirement of Fed.R.Civ.P. 26, made applicable in bankruptcy by FRBP 7026,
the court has correspondingly suspended the automatic limitation on the
number of interrogatories that can be propounded. Nothing in this rule,
however, limits a party's right to seek a protective order under Fed.R.Civ.P.
26(c) as incorporated by FRBP 7026, deemed necessary to protect a party
from annoyance, oppression or undue burden or expense.