2004-1

RULE 2004-1 EXAMINATION [Modified 12/1/09]

 

(a) Objections/Protective Orders. Any objection to a motion for a Rule 2004 examination shall be in the form of an objection and/or a motion for a protective order in accordance with Fed. R. Civ. P. 26(c) as adopted in Fed. R. Bankr. P. 7026. The motion/objection shall state precisely the basis for such objection or protective order as well as the nature and scope of the relief requested.

 

(b) Notice and Response Time.

 

(1) Not less than fourteen (14) days written notice of a proposed examination shall be given to the entity to be examined, such entity's counsel (if known), and to all other affected parties in accordance with Fed. R. Bankr. P. 9013. The notice shall apprise the party to be examined of the proposed scope of the examination and list any documents requested to be presented at such examination.

 

(2) In addition, the notice shall contain the following language regarding the time to object or otherwise respond to the proposed examination:

 

Within fourteen (14) days of service of this Motion for a Rule 2004 Examination, and an additional three (3) days pursuant to Fed. R. Bankr. P. 9006(f) if you were served by mail, any party who objects to the examination shall serve and file an objection and/or motion for protective order with the Bankruptcy Court Clerk’s Office, 380 Westminster Mall, 6th Floor, Providence, RI 02903, (401) 626-3100. If no objections or motions for protective order are timely filed, the motion for examination will be granted by the Court by endorsement order.

 

(c) Stay of Examination. The timely filing of an objection and/or motion for a protective order as provided in subdivisions (a) and (b) of this LBR will automatically stay the motion for examination and the entry of any order determining said examination, until the Court considers the objection or motion for protective order.

 

(d) Unopposed Motion for Rule 2004 Examination. If no response or objection is timely served, the motion to conduct an examination under this LBR will be granted by the Court by endorsement order.

 

(e) Inapplicability to Adversary Proceedings. The provisions for examination under this LBR shall be inapplicable to pending adversary proceedings and contested matters. Discovery in connection with pending adversary proceedings and contested matters, including examinations, shall be pursuant to the discovery provisions made applicable by Part VII of the Fed. R. Bankr. P. and Fed. R. Bankr. P. 9014.