MOTIONS FOR EXAMINATION UNDER FRBP 2004

(a) Conference Required. Prior to filing a motion for examination or for production of documents under FRBP 2004, the moving party must attempt to confer (in person or telephonically) with the entity to be examined, or its counsel, to arrange for a mutually agreeable date, time, place, and scope of an examination or production. (b) Motion. A motion for examination under FRBP 2004 must be filed stating the name, place of residence, and the place of employment of the entity to be examined, if known.

The motion must include a declaration of counsel stating whether the required conference was held and the efforts made to obtain an agreeable date, time, place, and scope of an examination or production. The motion must also explain why the examination cannot proceed under FRBP 7030 or 9014. (c) Notice and Service. The motion must be served on the debtor, debtor’s attorney (if any), the trustee (if any), the United States trustee, and the entity to be examined.

Not less than 21 days notice of the examination must be provided, calculated from the date of service of the motion, unless otherwise ordered by the court. (d) Order. Unless otherwise ordered by the court, a motion for examination will be ruled on without a hearing pursuant to LBR 9013-1(p). (e) Subpoena.

If the court approves a Rule 2004 examination of an entity other than the debtor, the attendance of the entity for examination and for the production of documents must be compelled by subpoena issued, and served pursuant to FRBP 9016 and F.R.Civ.P. 45. (f) Protective Order. The party whose examination is requested may file a motion for protective order if grounds exist under FRBP 7026 and F.R.Civ.P. 26(c). A motion for 16 LBR 2010-1 protective order must be filed and served not less than 14 days before the date of the examination, and set for hearing not less than 2 days before the scheduled examination, unless an order setting hearing on shortened notice is granted by the court pursuant to