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Examinations

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Local Rule Number: 
Rule 2004-1
2000 Series

(a)      When an Examination May Be Taken.  Any party in interest may – without a court order – notice an examination or request the production of documents or ESI under Bankruptcy Rule 2004.

(b)     Notice of the Examination.

(1)      Notice in General. The party noticing the examination or requesting documents or ESI must file local form Notice of Rule 2004 Examination and serve it on the trustee, the debtor, and the debtor’s attorney. Unless otherwise agreed or ordered by the court, the party noticing the examination or requesting documents or ESI must provide at least 14 days’ notice.

(2)      Method of Recording. The testimony may be recorded by audio, audiovisual, or stenographic means. The notice of examination must specify how it will be recorded.

(3)      Remote Examination. An examination may be conducted in person or by videoconference. The party noticing an examination by videoconference must provide a link to the video conference in the notice.

(c)      Subpoena.  No subpoena is necessary to compel attendance of – or production of documents or ESI from – a debtor.

(d)     Response to Document or ESI Request. Subsections (b)(2)(B)–(E) of Fed. R. Civ. P. 34 apply to responses and objections to requests for production of documents or ESI under Bankruptcy Rule 2004.

(e)      Motion for Protective Order. Any interested party may move for a protective order with respect to an examination under this rule, stating the reasons for prohibiting, limiting, or rescheduling the examination. The filing of a motion for protective order stays the examination and production of documents or ESI until the court rules on the motion.