2004-1 Rule 2004 Examinations
(a) Requests for Examination under FRBP 2004.
(1) Leave to conduct an examination pursuant to FRBP 2004 shall be sought by ex parte motion.
(2) Before filing a motion for examination pursuant to FRBP 2004, the mover shall confer with counsel for the person to be examined (or the person to be examined, if the examinee is not represented by counsel) to agree on a date, place and time for the examination. The mover is not required to confer with opposing counsel or the examinee if the mover has reasonable cause to believe that the witness will absent himself from the courtjurisdiction or attempt to evade service.
(3) Motions for examination shall include:
(i) a statement that the parties conferred as required by section (a)(2) of this Local Rule and that all parties have agreed to the date, time and place of examination and to the production of any documents mover has requested;
(ii) the reasons the parties could not confer;
(iii) a statement that the parties conferred but were unable to reach an agreement; or
(iv) the reasons mover believes that the proposed examinee either will leave the court's jurisdiction or attempt to evade service.
(4) Except as otherwise ordered by the court, motions pursuant to FRBP 2004 shall be served upon the examinee, the debtor, all counsel of record, the trustee, counsel for all committees and the United States Trustee.
(5) The mover shall submit a proposed order pursuant to Local Rule 9013-5 providing that the examination will proceed at the agreed time and place, or at a requested time and place if the parties have not reached an agreement. If applicable, the proposed order also shall specify documents to be produced and the date, time and place of production.
(1) A person objecting to a proposed FRBP 2004 examination shall move for a protective order at least three days before the proposed examination, unless the motion for examination is filed fewer than three days before the proposed examination.
(2) The mover shall notice the motion for protective order for a hearing pursuant to Local Rule 9013-3(a), or move for an expedited hearing pursuant to Local Rule 9013-3(d).
(3) A timely motion for a protective order shall stay the order for an examination until the court rules on the motion, unless the court orders otherwise.