Local Rule 2004-1: Depositions and Examinations

Local Rule 2004-1 Depositions and Examinations

(a) Required Conference. Except as provided in subdivision (d), before giving notice of a deposition or requesting an ex parte order for an examination pursuant to Federal Rule of Bankruptcy Procedure 2004, the party giving notice of the deposition or requesting the examination must confer, or make a good-faith attempt to confer, with the adverse party to set a mutually agreeable date.

(b) Motion. Except as provided in subdivision (d), a motion for a Rule 2004 examination must include a certification either:

(1) Stating the party presenting the order has conferred with the adverse party and obtained agreement on the date for the examination; or

(2) Describing the steps taken in a good-faith attempt to confer with the adverse party about a mutually agreeable date.

(c) Minimum Notice. Except for good cause shown, or unless the parties otherwise agree, Rule 2004 examinations or depositions must be set no less than 14 days after the motion is filed.

(d) Production of Documents Only. A party requesting an ex parte order for a Rule 2004 examination solely for the production of documents need not confer with the adverse party; however, the motion shall state that it is solely for the production of documents and the production must be set for no less than 21 days from the service of any subpoena to compel production, except for good cause shown or unless the parties agree otherwise.