Local Rule Rule 2004-1: Examination
Bankr. D. Me. — General rule
Rule 2004-1. Examination
(a) Consultation Required. Before filing a motion for examination under Fed. R. Bankr. P. 2004 in which a date certain is fixed for the examination, the movant shall confer with counsel for the proposed examinee, or with the proposed examinee if unrepresented, to arrange a mutually agreeable date, place and time for the examination. Any motion for examination shall include:
(1) a statement that a conference was held as required and that all parties have agreed to the date, time and place of the examination;
(2) a statement explaining why it was not possible for the required conference to be held;
(3) a verified statement that the movant has good reason to believe that the proposed examinee would be unavailable if notified of the proposed examination; or
(4) a statement that a conference was held as required, that no agreement could be reached and that the motion is presented to the court for determination.
(b) Objection—Protective Order. A hearing is not required on a motion for a Rule 2004 examination. Any objection to an order for a Rule 2004 examination shall be in the form of a motion for a protective order. See Fed. R. Civ. P. 26(c); Fed. R. Bankr. P. 7026. In the absence of exigent circumstances, the motion shall be filed within 14 days of the service of the examination order or before the examination is convened, whichever is earlier.
(c) Stay. The timely filing of a motion for a protective order as provided for in subparagraph (b) shall stay the order for a Rule 2004 examination until the court acts on the motion.