Arizona Subpoena for Rule 2004 Examination - Post 2005 Act

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This form is a subpoena for a Rule 2004 examination. The form lists: the place of the testimony, the date, the time, and the signature of the issuing officer.

How to fill out Subpoena For Rule 2004 Examination - Post 2005 Act?

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FAQ

MISCELLANEOUS CASESA.R.S. 12-284 CLASSSERVICEBASE FEEEDemand for notice, filing paper, or performing any act for which a specific fee is not provided by statute30.00EIssuance of each subpoena in civil cases30.00ESeal a court file30.0026 more rows

Personal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.

The clerk must issue a signed but otherwise blank subpoena to a party requesting it. That party must complete the subpoena before service. The State Bar of Arizona may also issue signed subpoenas on behalf of the clerk through an online subpoena issuance service approved by the Supreme Court.

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.

You can send the court papers by giving the post office copies of the court papers in an envelope, postage prepaid, to be sent to the other party by any form of mail requiring a signed and returned receipt. This is often called Certified Mail, Restricted Delivery by the post office.

If the case has major errors, the Trustee may deny a discharge, need to convert from Chapter 7 to Chapter 13, or may file for a dismissal. For the worst-case scenarios, it may be sent to the AUSA (Assistant United States Attorney) for criminal prosecution.

A subpoena under Rule 45.1(b)(2) must: (A) state the name of the issuing Arizona court; (B) bear the caption and case number of the out-of-state case to which it relates, identifying (before the case number) the foreign jurisdiction and court where the case is pending; (C) accurately incorporate the discovery requested ...

The pending proceeding rule states that once a separate matter has been commenced (whether in an adversary proceeding, a contested matter, or in a non-bankruptcy forum), discovery should be made pursuant to the discovery rules applicable to the separate proceeding, and not through Rule 2004.

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Arizona Subpoena for Rule 2004 Examination - Post 2005 Act