Local Rule 2004-1: DEPOSITIONS AND EXAMINATIONS

BANKRUPTCY LOCAL RULE 2004-1 DEPOSITIONS AND EXAMINATIONS

(a) Examination Order Issued by Clerk. A party in interest seeking to examine the debtor or other entity pursuant to FRBP 2004 may request an examination order by filing a motion substantially conforming to the local form (Motion for Rule 2004 Examination [GUB 2004-1]). The clerk is authorized to issue an examination order requested by a party in interest who has complied with the requirements of this local rule. Such examination order will compel the attendance or production of documents by the debtor, or, if the examinee is not the debtor, will authorize the issuance of a subpoena substantially conforming to the Subpoena for Rule 2004 Examination [B2540] in accordance with FRBP 9016 and Fed. R. Civ. P. 45. If the requirements of this rule are not satisfied, the clerk may issue an order denying the request for an examination order.

(b) Date, Time, and Place of Examination. Prior to filing a motion for an examination order, the party seeking the order shall make all reasonable efforts to arrange a mutually convenient date, time, and place of examination. The motion for an examination order must be supported by a declaration stating either:

(1) that the proposed date, time, and place of examination have been agreed upon by all concerned; or

(2) that the parties could not agree to a date, time, and place of examination after all reasonable efforts were made, in which case the examination will take place with the moving party's proposed date, time and place of examination, but no earlier than 14 days after the filing of the motion for an examination order, and no earlier than 30 days after the date of issuance of the examination order or subpoena, whichever is later, if the motion requests production of documents or electronically stored information.

(c) Request Limited to Delivery of Documents. Subdivision (b) of this rule does not apply to requests for production of documents or electronically stored information to be delivered to the requesting party so long as the deadline for delivery is not less than 30 days after the date of issuance of the examination order or a subpoena, whichever is later. The motion requesting an order for production of documents or electronically stored information by mail or similar delivery method may include a request for authority to issue a subpoena for a personal examination following review of the materials produced so long as the examination date is not less than 14 days after the date of issuance of the subpoena.

(d) Other Discovery Procedures Not Available. The declaration supporting issuance of an order under FRBP 2004 must state that the requested examination does not involve pending litigation in which discovery is available under FRBP 7026 and FRBP 9014, or other authority.

(e) Objections. An examinee or party in interest objecting to an examination must file and serve on the examining party a motion for a protective order or, if a subpoena has been served, a motion to quash the subpoena.

BKLR 2004-1 Related Local Forms: • Subpoena for Rule 2004 Examination [B2540] • Motion for Rule 2004 Examination [GUB 2004-1]