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A pro se party wishing to request a signed subpoena from the Clerk's office must do so in person, at the counter. The Deputy Clerk must print hard copies of the desired subpoena form and hand to the requesting party with a wet signature.
Rule 2004 says that any ?party in interest? can request a Rule 2004 exam. This interested party could be you (the debtor), your trustee, one of your creditors, or any other person or company that might be affected by your bankruptcy.
You may be charged with contempt of court, which can mean fines or even jail time. The court could issue a warrant for your arrest.
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.
No fees or costs for the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or his deputy.
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. your debts and financial condition.
Provide copies of the requested documents. If the subpoena lacks this detail, then you should provide photocopies of any documents instead of the original. If the subpoena is for an electronically stored information, then you must present it in its ordinarily maintained form or a form that is still usable to the court.
(1) Every subpoena shall: (a) state the name of the court; (b) state the title of the action (without naming more than the first named plaintiffs and defendants in the complaint and the case number); and (c) command each person to whom it is directed to attend and give testimony at a time and place therein specified.