2004-1:  Rule 2004 Examination:  Preliminary Discovery:  Subpoena

Authority to Take a Rule 2004 Exam:  FRBP 2004 provides parties with the opportunity to conduct an examination of a person and/or documents, even though an adversary proceeding has not been filed.  This is called a "Rule 2004 Examination".  LBR 2004-1 provides the procedure for a party to obtain permission from the court to conduct a Rule 2004 Examination.

• A motion is required under LBR 2004-1(d) -- the court does not provide a form motion.
• A hearing is not required. The party who files the motion must file a Notice of Motion for Order Without Hearing under LBR 9013-1(p).  The court has a form notice.  See link below
• Under FRBP 2004(b), the scope of an examination is limited to the debtor's acts, conduct or property, the debtor's liabilities and financial condition, any matter that may affect the administration of the debtor's estate, and the debtor's right to a discharge   

Subpeona to Appear or Provide Documents:  A subpoena may be required under FRBP 9016 if the court does not already have personal jurisdiction over the person whose examination is sought. 

• The court has a form subpeona.  See link below.
• Carefully review section 4 of The Central Guide (FRBP 9016) for further guidance on serving a subpeona and providing proof of service.

Using a Transcript From a Rule 2004 Exam:  LBR 7030-1 provides instructions for using a transcript from a Rule 2004 Exam as evidence in a contested matter or adversary proceeding.

• DO NOT simply attach a transcript to a "Request for Judicial Notice".
• See 7030-1 in section 4 of The Central Guide for details and instructions.
• See FRBP 2004(c) for provisions on compelling attendance at an examination