Local Rule LR 3.14 / LR 2004-1: Rule 2004 Examinations

Bankruptcy Rule 2004 provides for discovery within a bankruptcy case. Upon proper motion, the Court may order that a person appear and be examined.

The proponent of a motion for examination shall attempt to arrange a mutually agreeable time, place and date for the examination and the motion shall reflect the agreement of the parties; if there is such an agreement, an order shall be tendered with the motion which likewise sets the agreed time, place and date of the examination.

In the event the parties cannot agree on the terms of the examination, the motion shall state that no agreement could be reached. The Court may then grant the motion ex parte or may schedule a hearing on the motion.

The Clerk's office will issue a subpoena to appear at the 2004 exam only upon written request in the motion or otherwise.

Cross reference Bankruptcy Rule 2004