Examinations

(a) Consultation Required. Prior to seeking an examination or the production of documents under Fed. R. Bankr. P. 2004, the party seeking the examination shall attempt to consult with the proposed examinee to reach an agreement on the date, time, place and scope of an examination or production of documents. (b) Options for Scheduling and Conducting Examination. After consulting or making a reasonable attempt to consult with the proposed examinee, a party seeking an examination may use one of the following methods to schedule and conduct the examination: -13- (1) Examination by Agreement.

If an examinee from whom an examination or production of documents is sought agrees to the date, time, place and scope of the examination or production of documents, the party seeking the examination shall file a notice of examination at least 7 days prior to the scheduled examination that states the date, time, place and scope of the examination or production documents. No motion, subpoena, or court order is required. (2) Examination by Consent Order. The party seeking an examination or production of documents and the examinee may file for the court’s approval at least 7 days prior to a scheduled examination an executed consent order that sets forth the date, time, place and scope of the examination or production of documents.

(3) Examination by Motion. A party seeking an examination or production of documents who moves under Fed. R. Bankr. P. 2004(a) for an order authorizing an examination or the production of documents shall include in the motion a certification: (A) stating that the movant attempted to consult with the proposed examinee to arrange for a mutually agreeable date, time, place and scope of an examination or production of documents, but no agreement was reached; or (B) explaining why the movant did not attempt to consult with the proposed examinee to arrange for a mutually agreeable date, time, place and scope of an examination or production. (c) Subpoena for Examination. (1) Contemporaneous Service of Subpoena.

A party to a consent order, agreement, or order resolving a motion for an examination or production of documents under subdivision (b)(2) or (b)(3) of this rule may serve a subpoena issued under Fed. R. Bankr. P. 2004(c) contemporaneously with the filing of the consent order or upon entry of an order resolving the motion. If no consent or agreement is reached among the parties and a motion to compel is filed, proposed subpoenas must be attached to the motion to compel and may not be served until after the motion to compel has been granted.. (2) Scheduling Examination or Production. If a subpoena is served contemporaneously with a consent order or motion for an examination under paragraph (1) of this subdivision, the examination or the production of documents may not be scheduled sooner than 7 days after the filing of the proposed consent order or 7 days after the date of the hearing on the motion.

(d) Motion or Request to Quash or Modify Subpoena. -14- (1) Response. If a subpoena is served contemporaneously with a motion for an examination or the production of documents, a response to the motion may include a request to quash or modify the subpoena. (2) Stay of Subpoena. A subpoena that is served contemporaneously with a motion for an examination or for the production of documents is stayed automatically if, by the response deadline under L.B.R. 9014-3(h): (A) a motion to quash or modify the subpoena is filed, or (B) a response to the motion for an examination is filed that includes a request to quash or modify the subpoena.