Can a subpoena be issued for a rule 2004 examination?

Can a subpoena be issued for a rule 2004 examination?

In light of this procedure, a subpoena for a Rule 2004 examination is now properly issued from the court where the bankruptcy case is pending and by an attorney authorized to practice in that court, even if the examination is to occur in another district.

Can a lawyer sign a subpoena for an examination?

Rule 2004. Examination. As an officer of the court, an attorney may issue and sign a subpoena on behalf of the court for the district in which the examination is to be held if the attorney is admitted to practice in that court or in the court in which the case is pending.

Can a trial subpoena be issued without a court order?

A trial subpoena duces tecum shall state on its face that all papers or other items delivered to the court pursuant to such subpoena shall be accompanied by a copy of such subpoena. NY CPLR § 2302. AUTHORITY TO ISSUE (a) Without court order.

Can a subpoena be issued outside the district?

Subdivision (c) is amended to clarify that an examination ordered under Rule 2004(a) may be held outside the district in which the case is pending if the subpoena is issued by the court for the district in which the examination is to be held and is served in the manner provided in Rule 45 F. R. Civ.

Can a court set aside a subpoena to attend?

A court may also set aside a subpoena to attend if you can prove that its purpose is an abuse of the court process in some way. You may also be able to set aside a subpoena to attend to give evidence if it is clear that you, as a witness, cannot give any relevant evidence.

Can a subpoena be directed to more than one person?

A subpoena may be directed to two or more persons if the subpoena is to give evidence only or if the subpoena requires the production of the same documents from each named person. A subpoena for production must identify the specific document/s or thing/s to be produced.

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