Local Rule L.B.R. 2004-1: Examinations

L.B.R. 2004-1 Examinations.

(a) Motions for Examination.

Before filing a motion for examination under Bankruptcy Rule 2004, counsel for the moving party shall confer with the proposed examinee or the examinee's counsel (if represented by counsel) to arrange for a mutually agreeable date, place and time for the examination. All motions for examination shall include either: (1) a certificate which states that a conference was held as required and that all parties have agreed to the date, time and place of examination; (2) a certificate explaining why it was not possible for the required conference to be held; or (3) a certificate which states that a conference was held as required, that no agreement could be reached and that the motion is presented to the Bankruptcy Court for determination.

(b) Exemption.

If a contested matter or an adversary proceeding is pending, the adversary discovery rules (Bankruptcy Rules 7027 - 7036), not Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004-1, govern discovery pertaining to such contested matter or adversary proceeding.