Local Rule 2004-1: AUTHORITY TO CONDUCT 2004 EXAMINATION

BANKRUPTCY RULE 2004-1 AUTHORITY TO CONDUCT 2004 EXAMINATION A party seeking to conduct an examination within the scope of Federal Rule of Bankruptcy Procedure 2004 is excused from filing a motion under Rule 2004(a) and may examine the debtor or any entity and/or to compel the production of documents or electronically stored information (ESI) at the examination without a court order, if the party meets the requirements of this rule.

(A) MANNER OF SETTING EXAMINATIONS Examinations may be scheduled by filing a Notice of Rule 2004 Examination, which includes the date, time, place and reason for the examination, and serving the notice on the trustee, the debtor, the debtor's attorney and the party to be examined, and, if applicable, a subpoena.

(B) CONSULATIONS REQUIRED Before filing a Notice of Rule 2004 Examination, counsel for the moving party or parties must 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.

(C) REASONABLE NOTICE The attendance of the examinee and the production of documents or ESI may not be required less than 14 days after actual delivery of the notice, except by agreement of the parties or order of the court.

(D) MOTION FOR PROTECTIVE ORDER Prior to the date of the proposed examination, an interested party may file a motion for protective order stating the reasons for prohibiting, limiting or rescheduling the examination, and the examination will be stayed until the court rules on the motion.

(E) SUBPOENA A subpoena is not necessary to compel attendance of, or production of documents or ESI from the debtor at an examination of the debtor. A subpoena is necessary to compel the attendance of, or production of documents or ESI by a witness other than the debtor.

(F) METHOD OF RECORDING The notice or subpoena must indicate the method of recording the examination.