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RULE 2004–1 Examinations

(a) Contents of Motion. A motion requesting examination under Bankruptcy Rule 2004 shall apprise the party to be examined of the proposed scope of the examination and list any documents requested to be presented at such examination. The attendance of the examinee and the production of documents may not be required less than fourteen (14) days after entry of an order granting a motion under this Local Bankruptcy Rule unless the Court orders otherwise.

(b) Notice of Motion. Unless filed with a motion to shorten notice and expedite hearing, the moving party must file and serve with the motion, with at least seven (7) days' notice, a notice of the motion and opportunity to object (which complies with this Rule and Local Bankruptcy Rule 9013–1).

(c) Service of Motion. The moving party shall serve a copy of the motion upon the debtor and if applicable, debtor's attorney, the deponent, deponent's attorney (if known), any standing trustee, and the United States Trustee.

(d) Objections to Motions for Examination Under Bankruptcy Rule 2004.

(1) If an objection is timely filed, the movant shall request from the Court a hearing date, transmit the notice of hearing to all parties in interest, and file the notice and proof of service with the Clerk.

(2) If no response or objection is timely served, the Court may grant the motion to conduct an examination under this Local Bankruptcy Rule without further notice or hearing.

(e) Inapplicability to Adversary Proceedings. The provisions for examination under this Local Bankruptcy Rule shall be inapplicable to pending adversary proceedings and contested matters. Discovery in connection with pending adversary proceedings and contested matters, including examinations, shall be pursuant to the discovery provisions made applicable by Part VII of the Bankruptcy Rules and Bankruptcy Rule 9014.