Local Rule L. Rule 2004-1: EXAMINATION

L. Rule 2004-1. EXAMINATION.

(a) Inapplicable to Adversary Proceedings.

The provisions for examination under FRBP 2004 shall be inapplicable to adversary proceedings.

(b) Notice.

In connection with a Rule 2004 Examination, a party may include a request for the production of documents under FRBP 9016. Unless the Court orders otherwise, not less than 14 days written notice of a proposed examination, or if documents are requested, 30 days written notice, shall be given to the entity to be examined, and its counsel. The notice shall have a certificate of conference attached indicating what efforts were made to obtain an agreeable date, time, and place for the Rule 2004 examination. The entity to be examined may object to the proposed examination within 7 days after service of the notice as set forth in subsection (d) below. The notice shall describe the scope of the examination and describe any documents requested.

(c) No Order Required.

Unless a motion to quash or for a protective order is granted the noticed examination shall be, by this local rule, deemed ordered by the Court. The notice of intent to conduct Rule 2004 Examination shall be filed. Attendance and production of documentary evidence requested of an entity other than the debtor shall comply with FRBP 9016.

(d) Motions to Quash.

If an entity objects to the examination for any reason, it must file a motion to quash, and request and obtain an expedited hearing on such motion before the scheduled date and time of the examination. Notwithstanding the filing of a motion to quash, the party to be examined must appear for the noticed examination unless otherwise excused by the Court. If the notice provides less than 14 days notice of either the proposed examination or date by which documents are to be produced, the party is not required to attend the examination.