Local Rule Rule 2004-1: EXAMINATION

Rule 2004-1 EXAMINATION A. Purpose. The purpose of this rule is to avoid a motion and order for a 2004 examination unless an objection is filed.

B. Duty to Confer. Before giving notice of a proposed examination, the moving party shall meet and confer with the proposed examinee (through counsel if represented) to arrange for an agreeable date, place, and time for the examination. Failure by the moving party to attempt to meet and confer shall be grounds to quash under Paragraph E below.

C. Contested Motions for Examination. When an examinee or party in interest objects to the examination, the burden is on the party seeking the examination to file a motion to compel the examination, in accord with Fed. R. Bankr. P. 2004-1(A). A certificate of counsel shall be filed as an attachment to any such motion explaining the efforts made to meet and confer and certifying that they were unsuccessful prior to the filing of any such motion. All parties in interest, including the examinee and its counsel, shall be served with the motion.

D. Notice. Not less than twenty-one (21) days' written notice of the motion for a proposed examination shall be given to the entity to be examined, its counsel, and to other affected parties. The entity to be examined and other affected parties shall have fourteen (14) days after service, plus an additional three (3) days when the notice is served by mail, to respond or object to the proposed examination. The notice shall apprise the party of the scope of the examination and categories of documents to be produced.

E. No Order Required. If no response or objection is served, the notice to conduct an examination need not be filed and the examination may occur as the parties agree.

F. Sanctions. If anyone has been unreasonable in seeking or resisting discovery under Fed. R. Bankr. P. 2004, the Court may impose sanctions. The Court may condition the taking of an examination on terms that are just and promote efficient administration.

G. Not Applicable to Adversary Proceedings and Contested Matters. This rule does not apply to adversary proceedings or to contested matters. 1. The discovery provisions of Part VII of the Fed. R. Bankr. P. apply in adversary proceedings. 2. Fed. R. Bankr. P. 9014 applies to discovery in contested matters.