Rule 2004-1 : Examinations


(a) Ex Parte Application: An order for examination pursuant to FED. R. BANKR. P. 2004 may be issued by the court on the ex parte application of a party in interest. The moving party must file an appropriate motion together with a proposed order. Such proposed order may not contain provisions in substitution of a subpoena or subpoena duces tecum available pursuant to FED. R. CIV. P. 45.

(b) Time: Unless otherwise ordered by the court for good cause shown, the date for the examination or production of documents sought under FED. R. BANKR. P. 2004(a) must be not less than fourteen (14) days after service, by the movant, of the examination order on the party to whom it is directed.

Commentary

[Source: L.B.R. 204; GPO 2013-1] January, 1, 2014.

Large document production requests on a fourteen (14) day notice of examination are not favored. It is good practice for the parties to discuss the dates, times and locations of the requested exam prior to submitting a request to the court, and to indicate any agreement or lack of agreement in the motion.