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RULE 9016-1 MOTIONS TO COMPEL COMPLIANCE WITH SUBPOENA A. Required Statement A motion under Rule 45(d)(2)(B)(i) of the Federal Rules of Civil Procedure (made applicable by Rule 9016 of the Federal Rules of Bankruptcy Procedure) to compel compliance with a subpoena to produce designated materials or permit inspection must include a statement that:

(1) after consultation in person or by telephone, and after good faith attempts to resolve differences, the parties are unable to reach an accord; or

(2) counsel's attempts to engage in such a consultation were unsuccessful due to no fault of counsel.

If a consultation has occurred, the motion must state the consultation's date, time, and place as well as the names of the participants. If counsel attempted unsuccessfully to have a consultation, the motion must describe in detail counsel's efforts to have one.

B. Attachments to Motion A motion to compel compliance with a subpoena to produce designated materials or permit inspection must attach a copy of the subpoena and any objection. If the motion fails to attach the subpoena and objection, the court may deny the motion.