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Subpoena for Rule 2004 Examination - Post 2005 Act

Philadelphia Pennsylvania Subpoena for Rule 2004 Examination - Post 2005 Act

Name: Philadelphia Pennsylvania Subpoena for Rule 2004 Examination - Post 2005 Act
Brand: US Legal Forms
Rating: 4.88 (405 reviews)

Category:

Bankruptcy - Adversary Proceedings

State:

Multi-State

County:

Philadelphia

Control #:

US-BKR-1

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This form is a subpoena for a Rule 2004 examination. The form lists: the place of the testimony, the date, the time, and the signature of the issuing officer.

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How to fill out Philadelphia Pennsylvania Subpoena For Rule 2004 Examination - Post 2005 Act?

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FAQ

Rule 214 - Subpoena; Issuance; Service A. Magisterial district judges may issue subpoenas throughout the Commonwealth. Magisterial district judges shall not issue subpoenas in blank.

Subpoenas for the production of documents shall be served no later than 5 work days prior to hearing.

A civil subpoena requiring testimony, court appearance, or travel must be accompanied by payment of the appropriate witness fee and round-trip mileage of $40.00 per day and $. 32 per mile for federal subpoenas, or $5.00 per day and $. 07 per mile for Pennsylvania subpoenas.

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.

To do that, fill out a subpoena form and be sure to include the following information: The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)

You can be served at your home, your usual place of business, or at a hotel or boarding house where you live. The documents do not have to be handed to you directly. The sheriff or another competent adult can give the paperwork to any adult member of the family who lives at your home or is in charge.

A subpoena may be served upon any person within the Commonwealth by a competent adult (1) by handing a copy to the person; or (2) by handing a copy (a) at the residence of the person to an adult member of the family with whom the person resides; but if no adult member of the family is found, then to an adult in charge

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.

On April 8, 2015, The Pennsylvania Supreme Court amended Pennsylvania Rule of Civil Procedure 234.1. Now, the rule requires that a subpoena must be served on a non-party witness reasonably in advance of the date the witness is expected to attend and testify.

To obtain a subpoena, you must submit a written request to the Commission listing your witnesses and explaining why each one is important and necessary to prove your case. Also send a copy of your request to the appointing authority attorney.

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Discovery may be sought from both the debtor and third parties in a Bankruptcy Rule 2004 examination. The rule gives the court and attorneys the ability to issue subpoenas to compel attendance of any person at the examination.Consolidated. Appropriations. Act, 2005. Dec. Comment: Adopted June 28, 2004; amended August 10, 2004. Each state decides what the plaintiff in a civil libel suit must prove and what defenses are available to the media. 1 The bankruptcy court granted the motion and on October 3, 2005,. SDI issued a subpoena pursuant to Rule 2004 for Hamilton's examination. And current case law concerning issues the BOP faces today. 2004), the court held that it doesn't matter if a guard is acting in the scope of their employment, as long as they are acting "under color of federal law.

Philadelphia Pennsylvania Subpoena for Rule 2004 Examination - Post 2005 Act

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