Local Rule Rule 2004-1: Examinations
Bankr. N.D. Iowa — General rule
Rule 2004‐1 Examinations
(a) Parties Must Confer Prior to filing a motion for an examination under Federal Rule of Bankruptcy Procedure 2004, the party seeking the examination must contact the attorney for the entity to be examined (or the entity directly if the entity is not represented by an attorney) to attempt to reach agreement that the examination may be taken and to agree as to the date, time, and place of the examination and any documents to be produced.
(b) Consent Motions A motion for an examination under Federal Rule of Bankruptcy Procedure 2004 which certifies that the parties have agreed to the specific arrangements described in the motion will be granted by the Court without further notice or hearing. The motion must be accompanied by a proposed order which contains the date, time, and place of the examination and which describes any documents to be produced.
(c) Contested Motions
(1) If the parties are unable to agree to the taking of a proposed Rule 2004 examination, the motion seeking the examination must state the need for the examination and the nature of the dispute over its taking. The motion must show the proposed time, date, and place of the examination and any documents to be produced. The motion must also state what efforts were made to reach agreement as to the taking of the examination. The motion must be accompanied by a proposed order granting the motion. The proposed order must specify the name of the person to be examined; the time, date, and place of the examination; and any documents to be produced.
(2) Movant must serve a copy of the motion and the proposed order upon opposing counsel or upon the entity to be examined if the entity is not represented by counsel. The party opposing the examination shall have 14 days from the date of service to file an objection to the motion. The objection must state the grounds for opposition. The Court will determine whether to set the motion for hearing or rule on the motion without hearing. Any request for expedited consideration of the motion shall comply with Local Rule 9073‐2.