Local Rule RULE 2004-1: Rule 2004 Examinations

RULE 2004-1 Rule 2004 Examinations A. Requests for Examination under FRBP 2004 1. Leave to conduct an examination pursuant to FRBP 2004 may be sought by ex parte motion on fourteen (14) days notice prior to the proposed examination date, or shorter if by consent, unless otherwise ordered. Parties from whom consent is required as stated above include the debtor, debtor's counsel, trustee, trustee's counsel, the parties to be examined, counsel for the party to be examined, party requesting notice and parties affected by the examination.

2. Before filing a motion for examination pursuant to FRBP 2004, the movant must confer with counsel for the person to be examined (or the person to be examined, if the examinee is not represented by counsel) to agree on a date, place, and time for the examination. The movant is not required to confer with opposing counsel or the examinee if the movant has reasonable cause to believe that the witness will absent himself from the court's jurisdiction or attempt to evade service.

3. Motions for examination must include:

a. A statement that the parties conferred as required by section (2) of this Local Rule and that all parties have agreed to the date, time, and place of examination and to the production of any documents movant has requested;

b. The reasons the parties could not confer;

c. A statement that the parties conferred but were unable to reach an agreement; or d. The reasons movant believes that the proposed examinee either will leave the court's jurisdiction or attempt to evade service.

4. Except as otherwise ordered by the court, motions pursuant to FRBP 2004 must be served upon the examinee, the debtor, debtor's counsel, all counsel of record, the trustee, trustee's counsel, counsel for all official committees (or the twenty (20) largest unsecured creditors if an unsecured creditors' committee has not been formed), and the United States Trustee.

5. If the movant has reason to believe that the motion is contested, the motion for 2004 examination should be filed and set for hearing. If uncontested, the movant must submit a proposed order providing that the examination will proceed at the agreed time and place, or at a requested time and place if the parties have not reached an agreement. If applicable, the proposed order must specify documents to be produced and the date, time, and place of production B. Objections 1. A person objecting to a proposed FRBP 2004 examination filed by ex parte motion must file an objection at least seven (7) days before the proposed examination, unless the motion for examination is filed fewer than seven (7) days before the proposed examination.

2. The party opposing an ex parte motion for 2004 examination must notice the objection for hearing prior to the date of the 2004 examination. Counsel must contact chambers for a special setting.

See Local Rule 9013-1.