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.
Delaware Subpoena for Rule 2004 Examination - Post 2005 Act
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How to fill out Subpoena For Rule 2004 Examination - Post 2005 Act?
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FAQ
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 ...