A New Jersey Subpoena for Rule 2004 Examination — Post 2005 Act is a legal instrument used in the state of New Jersey to compel the production of documents or the attendance of witnesses for examination and questioning. This type of subpoena falls under the provisions of the Rule 2004 Examination, which was enacted after 2005. The New Jersey Subpoena for Rule 2004 Examination — Post 2005 Act allows parties involved in a legal proceeding, such as a bankruptcy case, to gather information and evidence that may be relevant to the matter at hand. This subpoena can be issued by individuals or entities involved in the case, including bankruptcy trustees, debtors, creditors, and other interested parties. The purpose of this subpoena is to discover and investigate potential assets, liabilities, transactions, or other relevant information that may help in determining the financial status of the party being examined. It provides a means for the requesting party to obtain pertinent documents, records, and statements for scrutiny and analysis. Different types of New Jersey Subpoena for Rule 2004 Examination — Post 2005 Act may include: 1. Subpoena Ducks Cecum: This type of subpoena requires the party being summoned to produce specific documents or items that are relevant to the case. It may include financial records, bank statements, tax returns, contracts, or any other records deemed necessary for examination. 2. Subpoena Ad Testificandum: This type of subpoena requires the party being summoned to testify and provide oral statements under oath. It may involve questioning about their financial affairs, transactions, or any other relevant information. 3. Subpoena Ducks Cecum and Ad Testificandum: This type of subpoena combines both elements, requiring the party to produce specific documents and provide oral testimony during the examination. When serving a New Jersey Subpoena for Rule 2004 Examination — Post 2005 Act, it is crucial to comply with the legal requirements and procedures set forth by the court. The subpoena must be properly served to the recipient, typically by a process server or an attorney, and within the specified time frame. Failure to comply with the subpoena may result in contempt of court charges and potential penalties. In conclusion, a New Jersey Subpoena for Rule 2004 Examination — Post 2005 Act is a powerful legal tool used in bankruptcy proceedings to gather relevant information and evidence. It allows parties to request the production of documents and the attendance of witnesses for examination, helping to uncover crucial details that may assist in the resolution of the case. It is essential to understand the different types of subpoenas and their specific requirements to ensure compliance with the law.
New Jersey Subpoena for Rule 2004 Examination - Post 2005 Act
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Bankruptcy Rule 2004 Examinations conducted pursuant to Rule 2004 have often been characterized as ?fishing expeditions? because the scope is far ranging with limited protection for defending parties. Colliers on Bankruptcy §2004.01 (16th Ed.
Under Rule 2004, the bankruptcy court can order testimony or production of documents from anyone with relevant information about the filer's finances.
There are two subpoena forms, depending on whether you want the person to submit documents or to appear in person. To subpoena documents, use the subpoena deces tecum form. To subpoena a person to appear and testify, use the subpoena ad testificandum.
1: Rule Examination: Preliminary Discovery: Subpoena. Authority to Take a Rule Exam: FRBP 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 Examination".
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.
It is similar to a deposition, sometimes requiring the production of documents. However, unlike a deposition, the witness who is the subject of a 2004 exam is not always entitled to attorney representation or cross-examination, and the right to object to questions is limited.
Ordinarily, a party desiring a Rule 2004 examination first seeks authority from the court, then issues a notice of examination and/or requests for production of documents if examining a debtor or a subpoena for examination and/or documents if examining a third party.