Mississippi Subpoena for Rule 2004 Examination (Form B 2540) is a legal document used to compel a witness to appear and testify during a deposition in a civil case. It is issued by a court in Mississippi and requires the witness to appear in court for a deposition or to produce certain documents and information related to the case. The subpoena can be issued to any person or entity that has information or documents relevant to the case. There are two types of Mississippi Subpoena for Rule 2004 Examination (Form B 2540): 1. Subpoena to Appear and Testify: This type of subpoena requires the witness to appear in court for a deposition and to provide testimony. 2. Subpoena to Produce Documents: This type of subpoena requires the witness to produce certain documents and information relevant to the case. Both types of subpoenas are legally binding and must be complied with or the witness may face civil or criminal penalties.
Mississippi Subpoena for Rule 2004 Examination (Form B 2540)
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Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including: your actions, conduct or property.
In bankruptcy cases involving minor errors in a rule 2004 exam may require an amendment to the petition for greater accuracy or less confusion. 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.
A 2004 exam is not automatic. The person has to request it by filing a motion with the bankruptcy court and must have "just cause" (meaning, a good reason related to that person's claim) for requesting it. A creditor cannot use a 2004 Exam simply to harass or abuse you.
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. This is called a "Rule 2004 Examination".
During a 2004 examination, the trustee or creditor can examine anyone that might have knowledge of the debtor's finances and request the debtor or a third party to produce documents for review.