A Delaware Subpoena for Rule 2004 Examination — Post 2005 Act is a legal document that allows parties involved in bankruptcy cases to request certain information or documents from individuals or entities. This type of subpoena is specifically used in the state of Delaware, and it falls under the guidelines set forth by Rule 2004 of the Federal Rules of Bankruptcy Procedure. A Rule 2004 Examination is a deposition-style proceeding in which the interested parties have the opportunity to examine witnesses and gather evidence. This type of examination is typically initiated by a party seeking additional information regarding the financial affairs, assets, liabilities, or any other relevant information related to the bankruptcy case. After the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was enacted, several changes were made to the bankruptcy process. These changes significantly affected the rules governing Rule 2004 Examinations, including the scope and limitations of the information that can be obtained through a subpoena. Some key provisions of the Delaware Subpoena for Rule 2004 Examination — Post 2005 Act include: 1. Scope of Information: The subpoena allows parties to request a wide range of information, including financial records, bank statements, tax returns, business contracts, emails, and other relevant documents. 2. Timeframe: The subpoena specifies the timeline within which the requested information must be provided. Failure to comply with the subpoena within the given timeframe may result in penalties or other legal consequences. 3. Witnesses: The subpoena identifies the individuals or entities that are required to appear for the examination. These witnesses may include debtors, creditors, shareholders, employees, or any other party deemed relevant to the case. 4. Location: The subpoena designates the specific location where the examination will take place. In some cases, the examination may be conducted at a bankruptcy court, attorney's office, or another suitable venue based on the parties' agreement. It is important to note that different types of Delaware Subpoenas for Rule 2004 Examination — Post 2005 Act may exist based on the specific requirements of the bankruptcy case. Some variations may include: 1. Specific Subject Subpoena: This type of subpoena is used when the requesting party seeks information related to a specific subject, such as a particular financial transaction, asset, or liability. 2. Document Production Subpoena: In this case, the subpoena is specifically focused on obtaining certain documents or records. It may require the party to produce documents within a specified timeframe or provide access to relevant electronic systems. 3. Expert Witness Subpoena: If an expert witness is required to testify or provide professional opinions during the Rule 2004 Examination, a separate subpoena may be issued to ensure their appearance. In summary, a Delaware Subpoena for Rule 2004 Examination — Post 2005 Act is a legal tool used in bankruptcy cases in Delaware to request information or documents from involved parties. It helps facilitate the gathering of relevant evidence and supports the fair resolution of bankruptcy proceedings.
Delaware Subpoena for Rule 2004 Examination - Post 2005 Act
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How to fill out Delaware Subpoena For Rule 2004 Examination - Post 2005 Act?
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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.
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.
To domesticate a subpoena in a case being litigated in any U.S. state other than Delaware (referred to as a ?foreign? state) the request for subpoena together with the required documents and filing fee must be filed in the Prothonotary Office in the county where the discovery is sought to be conducted in Delaware.
INSTRUCTIONS. FOR FILING A REQUEST TO ISSUE A SUBPOENA. ... TITLE 10 § 4311. DELAWARE UNIFORM INTERSTATE DEPOSITIONS AND. ... FILING FEE: $75.00. ... FILING JURISDICTION: Request for Subpoena must be filed in the Prothonotary Office in the. ... DOCUMENTS TO BE FILED IN SUPERIOR COURT: ... ORIGINAL AND COPY OF THE FOLLOWING:
Then, you need to domesticate the subpoena. This involves requesting the subpoena to be issued from the out-of-state court, which, depending on the state, can be done through an application, filing a petition as a process server, providing additional documents to the court, or having an attorney file a petition.
The Court will quash (dismiss) a subpoena if it fails to give reasonable time for compliance, requires you to disclose privileged information or subjects you to undue burden. If you believe that one of these applies to you, you must file a Motion to Quash a Subpoena.
Delaware has adopted the Uniform Interstate Depositions and Discovery Act. Under this act, a party to an out-of-state action who has a subpoena from a non-Delaware court may petition the Delaware Superior Court to issue a subpoena for the person named in the foreign subpoena.
(1) Every subpoena shall (A) State the name of the Court; (B) State the title of the action and its civil action number; (C) Command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated documents, electronically stored information, or tangible ...