7030-2: Discovery: USING TRANSCRIPTS OF RECORDED TESTIMONY AS EVIDENCE: 2004 Exam; 341(a) Meeting of Creditors
** UPDATED 10-21-2024 **
FRBP 7030 provides that FRCP 30 applies in adversary proceedings. FRBP 9014(c) provides that FRBP 7030 (and, thus, FRCP 30) applies in contested matters. FRCP 30 provides the authority for taking testimony at a deposition, the procedures for taking and recording testimony, and the procedures for creating a transcript of the recorded testimony.
LBR 7030-1 identifies procedures for using transcripts of testimony recorded at a deposition as evidence in an adversary proceeding or contested matter.
New LBR 7030-2 has been approved by the Board of Judges. Specifically, new LBR 7030-2 provides the procedure for using transcripts of recorded testimony when the recorded testimony was taken at a Rule 2004 Examination or at a 341(a) Meeting of Creditors, instead of at a deposition.
- LBR 7030-2(a) applies to transcripts of testimony recorded at a 2004 Examination.
- LBR 7030-2(b) applies to transcripts of testimony recorded at a 341(a) Meeting of Creditors.
All parties to the adversary proceeding or contested matter must participate in the process of preparing transcripts of recorded testimony for use in the court proceeding, which includes marking and countermarking the specific testimony that a party wishes to offer as evidence in a trial or to support a motion.
An original copy of the complete transcript must be delivered to the court, AND another copy that tabs, marks and countermarks the exact portion of the transcript at issue. Contact the judge's law clerk or courtroom deputy to determine the process of delivering these documents to the court.
- Please read carefully the provisions of LBR 7030-2
- DO NOT simply file or lodge your transcripts
- DO NOT simply attach a transcript to a Request for Judicial Notice
- Please review FRBP 9014(c) in section 4 of The Central Guide