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Local Bankr. R. 2004-1 Rule 2004 Examinations.

(a)      Except for the provisions of FRCP 26 (a), (b), (d), (f), and (g), FRBP 7026 and D. Conn. L. Civ. R. 26(a)-(e) and 37 shall apply to examinations and the production of documents under FRBP 2004. Proportionality considerations apply to a request for the production of documents or electronically stored information in connection with a FRBP 2004 examination.

(b)      A party-in-interest seeking an examination pursuant to FRBP 2004(a) and the party to be examined (the "2004 Parties") may agree orally or in writing (a "2004 Agreement") on an examination taking place, the date, time, and place of such examination, and the production of documents pursuant to FRBP 2004(c) and FRBP 9016, without necessity of a motion or subpoena.

(1)      A notice of a 2004 Agreement shall be filed with the Court and served upon the following parties: (i) the Debtor; (ii) the trustee, if any; (iii) the United States Trustee; (iv) any official committee; (v) any party that has filed a notice of appearance in the case; and (vi) the proposed witness, examinee, or party producing documents (the "Notice Parties"). Such notice shall include at a minimum the identity of the individual or entity to be examined, the date, time, and place of the proposed examination, a list of the documents to be produced, and the date for production of documents.

(2)     Any party in interest shall file and serve upon the 2004 Parties and the Notice Parties an objection to the proposed examination or production of documents within seven (7) days after the filing of the notice of a 2004 Agreement.

(A) If no objection is filed and served within that time, the 2004 Agreement shall be deemed ordered, without requiring the entry of a 2004 order.

(B) If an objection is filed and served within seven (7) days after the filing of the notice of a 2004 Agreement, then, notwithstanding any requirements of the Contested Matter Procedure, see Local Bankr. R. 9014-1, (i) a notice of hearing on the objection shall be issued by the Clerk’s Office and (ii) the party in interest who filed the objection shall serve the notice of such hearing upon the 2004 Parties and the Notice Parties and shall file a Certificate of Service.

(C) Any objection to a 2004 Agreement shall be no more than five (5) pages and shall state the specific legal and factual basis for the objection.

(D) Failure to comply with the requirements of D. Conn. L. Civ. R. 37 shall be grounds for overruling any objection to a 2004 Agreement.

(3)      A written 2004 Agreement between the 2004 Parties as to the date, time, and place of examination and/or documents to be produced is enforceable by a motion to compel or for sanctions without necessity of a Court order or authorized service of a subpoena.

(c)      A party in interest that files a motion under FRBP 2004(a) shall serve such motion upon the Notice Parties. The motion shall be accompanied by a proposed order, a notice, and a copy of any subpoena for the production of documents to be served pursuant to FRBP 2004(c) and FRBP 9016.

(1)      The notice shall include: (A) an objection deadline of seven (7) days, with such objection deadline set from the date the notice is filed with the Court, and (B) a statement that in the absence of a timely filed objection, the proposed order may enter without further notice and hearing.

(2)      Any objection or response to the motion shall be no more than five (5) pages and shall state the specific legal and factual bases for the objection, be filed no later than the response date, and be served upon the 2004 Parties and the Notice Parties. The Court shall schedule a hearing on the matter as soon as is practical.

(3)      The failure to file a response or objection pursuant to this Rule shall not prejudice the proposed examinee, witness, or party from whom documents are sought from filing a motion for protective order, to quash the subpoena, or to vacate an order entered pursuant to the motion after the seven (7) day period has passed.

(4)      The failure to comply with the requirements of D. Conn. L. Civ. R. 37 shall be grounds for overruling any objection filed to a motion.

See preferred forms of proposed orders.