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Rule 2004-1. Examination

Part II. Officers and Administration; Notices; Meetings; Examinations; Elections; Attorneys and Accountants

            A.         Manner of Setting Examination. A party in interest may conduct an examination of the type under Fed. R. Bankr. P. 2004 or require production of documents at the examination without a court order. A party in interest may schedule the examination by filing the notice in Appendix C and serving it on the trustee, the debtor, the debtor’s attorney, and the entity to be examined, with, if applicable, a subpoena.

            B.         Notice. Unless otherwise ordered by the court, the entity to be examined cannot be compelled to an examination less than 14 days after service of the notice and if necessary, a subpoena. Provided, the examination date listed in the notice may be less than 14 days if the notice states the examination will be rescheduled if the entity to be examined promptly requests. If the entity to be examined promptly requests, the examination must be rescheduled to a mutually agreeable date, time, and place. To the extent a request for production of documents under this Local Rule may be construed as a request under Fed. R. Bankr. P. 7034, the time to respond is shortened to 14 days.

            C.         Motion for Protective Order.  A party in interest may file, before the date of the proposed examination, a motion for protective order stating the reasons to prohibit, limit, or reschedule the examination. The examination is stayed until the court rules on the motion.

            D.        Subpoena. No subpoena is necessary to compel the debtor to attend or produce documents at an examination under this Local Rule. The examining party must issue a subpoena to compel the attendance of, or production of documents by, a witness other than the debtor.