(a) Inapplicable to Adversary Proceedings
The provisions for examination under FRBP 2004 shall be inapplicable to adversary proceedings.
Not less than fifteen (15) days written notice of a proposed examination shall be given to the entity to be examined, and its counsel. The notice shall have a certificate of conference attached indicating what efforts were made to obtain an agreeable date, time and place for the 2004 examination. The entity to be examined shall have five (5) calendar days after receipt of the notice within which to respond or object to the proposed examination. The notice shall advise the entity to be examined of the scope of the examination and describe any documents requested.
(c) No Order Required
Unless a motion to quash is timely filed and served by a party in interest, the noticed examination shall be, by this Local Rule, deemed ordered by the Court. The notice of intent to conduct Rule 2004 Examination need not be filed. Attendance and production of documentary evidence requested of an entity other than the debtor shall be in compliance with FRBP 9016.
(d) Motions to Quash
If an entity objects to the examination for any reason, it must file a motion to quash, and request and obtain an expedited hearing on such motion prior to the scheduled date and time of the examination. Notwithstanding the filing of a motion to quash, the party to be examined must appear for the noticed examination unless otherwise excused by the Court, or if the notice provides less than fifteen (15) days notice.
If it appears that any entity or counsel has been unreasonable in seeking or in resisting discovery under FRBP 2004, the Court may impose appropriate sanctions. The Court may condition the taking of any examination on such terms as are just.