MOTIONS TO COMPEL COMPLIANCE WITH SUBPOENA

A. Required Statement A motion under Rule 45(d)(2)(B)(i) of the Federal Rules of Civil Procedure (made applicable by Rule 9016 of the Federal Rules of Bankruptcy Procedure) to compel compliance with a subpoena to produce designated materials or permit inspection must include a statement that: (1) after consultation in person or by telephone, and after good faith attempts to resolve differences, the parties are unable to reach an accord; or (2) counsel’s attempts to engage in such a consultation were unsuccessful due to no fault of counsel. If a consultation has occurred, the motion must state the consultation’s date, time, and place as well as the names of the participants. If counsel attempted unsuccessfully to have a consultation, the motion must describe in detail counsel’s efforts to have one. B. Attachments to Motion A motion to compel compliance with a subpoena to produce designated materials or permit inspection must attach a copy of the subpoena and any objection.

If the motion fails to attach the 37 subpoena and objection, the court may deny the motion.