LBR 2004-1. MOTIONS FOR EXAMINATION UNDER FRBP 2004

LBR 2004-1. MOTIONS FOR EXAMINATION UNDER FRBP 2004

(a) Conference Required. Prior to filing a motion for examination or for production of
documents under FRBP 2004, the moving party must attempt to confer (in person or
telephonically) with the entity to be examined, or its counsel, to arrange for a mutually
agreeable date, time, place, and scope of an examination or production.
(b) Motion. A motion for examination under FRBP 2004 must be filed stating the name, place of residence, and the place of employment of the entity to be examined, if known. The motion must include a certification of counsel stating whether the required conference was held and the efforts made to obtain an agreeable date, time, place, and scope of an examination or production. The motion must also explain why the examination cannot proceed under FRBP 7030 or 9014.
(c) Notice and Service. The motion must be served on the debtor, debtor’s attorney (if any), the trustee (if any), the United States trustee, and the entity to be examined. Not less than 21 days notice of the examination must be provided, calculated from the date of service of the motion, unless otherwise ordered by the court.
(d) Order. Unless otherwise ordered by the court, an order for examination will be granted without a hearing.
(e) Subpoena. If the court approves a Rule 2004 examination of an entity other than the debtor, the attendance of the entity for examination and for the production of documents must be compelled by subpoena issued and served pursuant to FRBP 9016 and F.R.Civ.P. 45.
(f) Protective Order. The party whose examination is requested may file a motion for
protective order if grounds exist under FRBP 7026 and F.R.Civ.P. 26(c). A motion for protective order must be filed and served not less than 14 days before the date of the examination, and set for hearing not less than 2 days before the scheduled examination, unless an order shortening time is granted by the court pursuant to LBR 9075-1. The parties may stipulate, or the court may order, that the examination be postponed so that the motion for protective order can be heard on regular notice under LBR 9013-1.
(g) Disputes. The parties must seek to resolve any dispute arising under this rule in
accordance with LBR 7026-1(c).
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