Local Rule RULE 2004-1: DEPOSITIONS & EXAMINATIONS

RULE 2004-1 DEPOSITIONS & EXAMINATIONS

(a) This Local Rule applies only to examinations conducted pursuant to FED. R. BANKR. P. 2004. The rules governing discovery in adversary proceedings and contested matters are set forth in Part VII of the Federal Rules of Bankruptcy Procedure and Local Rule 7016-1.

(b) An order by the Court is not necessary to authorize an examination pursuant to FED. R. BANKR. P. 2004 or to require production of documents or electronically stored information at the examination. Examinations shall be scheduled upon notice filed with the Court and served on the trustee, the debtor, the debtor's attorney, and the party to be examined in accordance with FED. R. BANKR. P. 7004. The notice shall contain the following language in all capital letters, bolded, and centered on the page under the style of the case:

THE PERSON TO BE EXAMINED SHALL APPEAR AT THE TIME AND PLACE SET FORTH HEREIN AND SHALL BE AVAILABLE FOR EXAMINATION UNLESS AN OBJECTION IS FILED NO LATER THAN SEVEN (7) DAYS PRIOR TO THE DATE OF THE PROPOSED EXAMINATION IN COMPLIANCE WITH M.D. ALA., LBR 2004-1(E). OBJECTIONS MUST BE SERVED UPON THE NOTICING PARTY AND, IN ACCORDANCE WITH M.D. ALA., LBR 5005-4, FILED WITH THE CLERK ELECTRONICALLY OR BY U.S. MAIL ADDRESSED AS FOLLOWS: CLERK'S OFFICE, U.S. BANKRUPTCY COURT, ONE CHURCH STREET, MONTGOMERY, AL 36104. FAILURE TO TIMELY APPEAR OR TIMELY OBJECT MAY BE PUNISHED AS A CONTEMPT OF COURT.

(c) The attendance of the examinee and the production of documents or electronically stored information may not be required less than twenty-one (21) days after service of the notice, except by agreement of the parties or order of the Court. To the extent that a request for production of documents or electronically stored information is made pursuant to this Local Rule, the request may be construed as a request under FED. R. BANKR. P. 7034 and the time to respond is shortened to twenty-one (21) days. The notice of examination may provide for the production of documents or electronically stored information in advance of the examination, but in no event shall the production of documents or electronically stored information be required less than twenty-one (21) days from service of the notice of examination, unless otherwise agreed to by the parties or ordered by the Court.

(d) Any party in interest who wishes to attend an examination scheduled under this Local Rule may do so by filing and serving a cross-notice of examination at least fourteen (14) days in advance of the scheduled examination.

(e) An interested party may file, no later than seven (7) days prior to the date of the proposed examination or production of documents or electronically stored information, an objection to the notice stating the reasons for prohibiting, limiting, or rescheduling the examination or production of documents or electronically stored information. An objection shall be filed as, and counsel for the objecting party shall contact the Court for, an emergency hearing under Local Rule 9013-1. The examination and/or production of documents or electronically stored information shall be stayed until the Court rules on the objection. If the Court schedules a hearing on a motion for protective order, the parties shall meet and confer prior to the hearing in an effort to resolve the issues presented in the motion.

(f) No subpoena is necessary to compel the attendance of, or the production of documents or electronically stored information by, a debtor at an examination of a debtor. A subpoena is necessary to compel the attendance of, or production of documents or electronically stored information by, a witness other than a debtor. The provisions of FED. R. CIV. P. 45 apply to subpoenas issued under this Local Rule.

(g) Methods of recording under this Local Rule are subject to FED. R. CIV. P. 30(b).

(h) If an interested party files a motion to compel compliance with a properly issued notice of examination under this Local Rule, FED. R. CIV. P. 37 applies.