Alaska Motion for Order for Rule 2004 Examination

State:
Alaska
Control #:
AK-LBF-8
Format:
Word
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Motion for Order for Rule 2004 Examination

Alaska Motion for Order for Rule 2004 Examination is a formal request to a court to examine a witness or party in a civil case to determine if they are competent to testify. The motion is used to gain information that is not already known or available to the parties in the case. In Alaska, the motion may be used for any type of civil case, including domestic matters, contract disputes, and tort claims. There are two types of Alaska Motion for Order for Rule 2004 Examination: (1) Ex Parte Motion for Order for Rule 2004 Examination, and (2) Motion for Order for Rule 2004 Examination on Notice. An Ex Parte Motion for Order for Rule 2004 Examination is an emergency motion filed without notice to the other parties. This type of motion is used to secure information that is deemed urgent and is likely to be unavailable if notice is given to the other parties. A Motion for Order for Rule 2004 Examination on Notice is a motion filed to all parties in the case, which gives the other parties an opportunity to respond to the motion. This type of motion is used when the information sought is not urgent. In both types of motions, the court considers the relevance of the evidence sought and the need for the examination. If the court determines that the examination is necessary, the court will issue an order granting the motion. The order will specify the time, place, and manner of the examination, as well as any other pertinent details.

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A court order is not necessary to authorize this kind of examination or to require production of documents at the examination. MOTION FOR ORDER AUTHORIZING.(a) Examination on Motion. On motion of any party in interest, the court may order the examination of any entity. A 2004 exam is not automatic. MOTION OF TESSERA, INC. On December 5, 2013 the Trustee filed a Motion for Rule 2004 Examination of Badcock. The Motion was served on Badcock Corporation and its counsel. Rule 2004 is the basic discovery device in bankruptcy cases. Rule 2004 is a broad bankruptcy rule that allows the court to order the examination of any entity upon the motion of a party in interest.

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Alaska Motion for Order for Rule 2004 Examination