Local Rule 2004-1: Rule 2004 Examinations
Bankr. D. Alaska — General rule
Rule 2004-1 Rule 2004 Examinations
(a) Request for Examination. All requests for orders under Rule 2004, Federal Rules of Bankruptcy Procedure must be made by motion in a form substantially similar to AK LBF 8 and must be accompanied by a proposed order substantially similar to AK LBF 9.
(b) Ex Parte Submission.
(1) A motion seeking examination of a witness, with or without document production, may be presented ex parte if it contains a certification that counsel for the movant conferred with counsel, if known, for the party whose examination is being sought. If the motion does not contain such a certification, the matter may be heard on no fewer than two business days' notice unless the Court orders otherwise.
(2) A motion seeking only document production may be presented ex parte without a certification that counsel for the movant has conferred with counsel for the examinee.
(c) Shortened Notice. Motions requesting an examination on less than 14 days' notice must state whether the examination date has been agreed on, or if there is no agreement, why examination on less than fourteen (14) days' notice is requested.
(d) Clerk's Authority to Sign Order. The clerk may only sign orders for examination if the date set for examination is more than fourteen (14) days from the date the motion is filed.
(e) Production of Documents Must be Obtained by Subpoena. Motions requesting production of documents must include a certification that the documents will be obtained via subpoena as provided by Rule 45(a)(1)(C), Federal Rules of Civil Procedure, as adopted by Rule 9016, Federal Rules of Bankruptcy Procedure.
(f) Attendance of Witness or Production of Documents. Securing the attendance of a witness or the production of documents must be done in accordance with Rule 9016, Federal Rules of Bankruptcy Procedure.