Local Rule 2004-1: EXAMINATION
Bankr. E.D. Va. — General rule
RULE 2004-1 EXAMINATION
(A) Service: Motions requesting examination under FRBP 2004 shall be served on the debtor, debtor's counsel, the deponent, deponent's counsel (if known), the standing trustee, and the United States trustee and filed with the Clerk.
(B) Objections: Parties shall have 7 days from the date of service to object to the motion.
(1) If an objection is filed, the movant shall select a hearing date, serve the notice of hearing to all parties in interest, and file the notice and proof of service with the Clerk.
(2) If no objection is filed, the movant shall include in the proposed order either a certification that the date set has been agreed to by the deponent and deponent's counsel (if known) or that a good faith effort has been made to set a date without success.
Comments This new rule notes the requirements for examination motions and objections to them.
2004-1(B)(2) Because the current portion of this rule may place an undue burden on a movant in obtaining the agreement of the deponent and the deponent's counsel for a date to conduct the examination, this change has been made to add language noting that a good faith effort was made to set a date without success. [Change effective 2/1/00.]
2004-1 A time-computation adjustment has been made to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. A stylistic change has been made to the text of the LBR as well. [Changes effective 12/01/09.]
2004-1(B) This rule is amended to clarify the moving party must select a hearing date and serve notice of such hearing in the event of an objection. [Changes effective 08/01/23.]