A Motion for Rule 2004 Examination — Ex Parte is a motion to the court requesting the authorization to take testimony from a party or witness without giving the other party notice or an opportunity to be present for the examination. This type of motion is typically used when the party or witness is unwilling to appear for a deposition and the requesting party believes that the examination would produce relevant evidence. There are two types of Motion for Rule 2004 Examination — Ex Parte: (1) Motion for Examination of Witness (2) Motion for Examination of Party. The Motion for Examination of Witness is used when the requesting party is attempting to take testimony from a witness, and the Motion for Examination of Party is used when the requesting party is attempting to take testimony from a party to the action.
Motion for Rule 2004 examination - ex parte
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How to fill out Motion For Rule 2004 Examination - Ex Parte?
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FAQ
An adversary proceeding is the bankruptcy court's version of a civil action (a lawsuit). An adversary proceeding is opened by filing a complaint asking the court to rule on an issue related to a bankruptcy case.
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).
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.