Rule 726. General provisions governing discovery.

Rule 26 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 727. Depositions before adversary proceedings or pending appeal.

(a) Before adversary proceeding.

(1) Application.-A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable and relevant in an adversary proceeding may file an application with the court in a pending bankruptcy case. The application shall show: (A) that the applicant expects to be a party to an adversary proceeding but is presently unable to bring it or cause it to be brought; (B) the subject matter of the expected proceeding and the applicant's interest therein; (C) the facts which the applicant desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (D) the names or a description of the persons he expects will be adverse parties and their addresses so far as known; and (E) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each. The application shall ask for an order authorizing the applicant to take depositions of the persons to be examined named in the application, for the purpose of perpetuating their testimony.

(2) Notice and service.-The applicant shall thereafter serve a notice upon each person named in the application as an expected adverse party, together with a copy of the application, stating that the applicant will apply to the court, at a time and place named therein, for the order described in the application. At least 20 days before the date of hearing the notice shall be served in the manner provided in Rule 704 (b) or (c) for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the application, the court may make such order as is just

for service by publication or otherwise, and shall appoint, for persons not served in the manner provided in Rule 704 (b) or (c), an attorney who shall represent them. If any expected adverse party is a minor or incompetent the provisions of Rule 717 apply.

(3) Order and examination.—If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by Rules 734 and 735.

(b) Pending appeal.-If an appeal has been taken from a judgment of a referee or before the taking of an appeal if the time therefor has not expired, the referee who rendered the judgment may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings before the referee. In such case the party who desires to perpetuate the testimony may make a motion before the referee for leave to take the depositions, upon the same notice and service thereof as if the proceeding were pending before the referee. The motion shall show (1) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; (2) the reasons for perpetuating their testimony. If the referee finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, he may make an order allowing the depositions to be taken and may make orders of the character provided for by Rules 734 and 735, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in proceedings pending before the referee.

Rule 728. Persons before whom depositions may be taken. Rule 28 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 729. Stipulations regarding discovery procedure. Rule 29 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 730. Depositions upon oral examination.

Rule 30 of the Federal Rules of Civil Procedure applies in adversary proceedings, except that the 30-day period during which leave of court must be obtained under subdivision (a) for the taking of a deposition runs from the issuance of the summons under Rule 704 and that the attendance of witness may be compelled by the use of subpoena as provided in Rule 916.

Rule 731. Deposition upon written questions.

Rule 31 of the Federal Rules of Civil Procedure applies in adversary proceedings, except that the attendance of witnesses may be compelled by the use of subpoena as provided in Rule 916.

Rule 732. Use of depositions in adversary proceedings. Rule 32 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 733. Interrogatories to parties.

Rule 33 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 734. Production of documents and things and entry upon land for inspection and other purposes.

Rule 34 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 735. Physical and mental examination of persons.

Rule 35 of the Federal Rules of Civil Procedure applies in adversary proceedings.

M

Rule 736. Requests for admission.

Rule 36 of the Federal Rules of Civil Procedure applies in adversary-proceedings.

Rule 737. Failure to make discovery: Sanctions.

Rule 37 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 741. Dismissal of adversary proceedings.

Rule 41 of the Federal Rules of Civil Procedure applies in adversary proceedings, except that a complaint objecting to the bankrupt's discharge shall not be dismissed at the plaintiff's instance save upon notice to the trustee and upon order of the court containing such terms and conditions as the court deems proper, and the reference in subdivision (b) of that rule to Rule 19 shall be read as a reference to Rule 719.

Rule 742. Consolidation of adversary proceedings; separate trials.

Rule 42 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 744.1. Determination of foreign law.

Rule 44.1 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 752. Findings by the court.

(a) Effect. In all matters tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and the judgment shall be entered pursuant to Rule 921 (a). Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. If an opinion or memorandum of decision is filed, it will be sufficient

if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under these rules except when, on a motion to dismiss under Rule 741, the court renders a judgment on the merits after a trial on the facts.

(b) Amendment.-Upon motion of a party made not later than 10 days after entry of a judgment the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial or to alter or amend a judgment pursuant to Rule 923. When findings of fact are made in matters tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made before the court an objection to such findings or has made a motion to amend them or a motion for judgment.

Rule 754. Judgments; costs.

(a) Judgments.-Subdivisions (a), (b), and (c) of Rule 54 of the Federal Rules of Civil Procedure apply in adversary proceedings.

(b) Costs.-On one day's notice costs may be taxed and judgment therefor rendered by the court.

Rule 755. Default.

(a) Entry. When a judgment is sought against a party in adversary proceedings and such party has, without sufficient excuse, (1) failed to plead or otherwise defend or, (2) having filed a pleading or motion, is not ready to proceed with trial on the day set therefor in accordance with these rules, the court upon request therefor shall enter a judgment by default, except as provided hereinafter. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or