AO B8 (1.1/91) Subpoena In a Civil Case
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DISTRICT OF DELAWARE
Michael Kevin Hoffman
v. SUBPOENA IN A CIVIL CASE
_ an NUMBER: O 7·— / ,
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TO: Carl Danburgl Commissioner E, U
Delaware Department of Corrections ·
245 Mckee Drive g .
Dover DeIaware1 9904 tif;. l;5i€·§i1l:tlSTCGURT
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I YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specihed below to
testify in the above case.
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I YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in ,
the above case. 1
PLACE OF Deposition DATE AND T1l\·‘lE
· l YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the E
"place, date, and time specified below (list documents or objects): I
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PLACE â€F·S‘·l°6`¤»zr ¢r~ Tlmgccierg ol vo? rlgA,·;,,,·9 S mgm; 9,-ro~¤9'/5-7 -09 [ ¤ArE-l¤nME mm 5
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In YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
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Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more
officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person
designated, the matter on which the person will testify, Federal Rules of Civil Procedure, 30(b) (6). ‘
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ISSUING OFF[CER’S NAME, ADDRESS AND PHONE NUMBER {
{See Rule 45. Federal Rules of Civil Procedure, Pam, C ar. D on Reverse] i
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Q W AO gs (11/91) Su] g?,ra_g.&]1&QE7—cv-00261-JJ F Document 10 Filed 05/31 /2007 Page 2 of 3
PROOF OF SERVICE
DATE PLACE
SERVED
SEAVED 0N (PRINT NAME) MANNER OF SEAVICE
SERVED BY (PRINT NAME) ‘lTl'LE
DECLARATION OF SERVER
l declare under penalty cf perjury under the laws ofthe United States of America that the foregoing information contained in the
Proof of Service is true and correct. l
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Parts C& D:
(c) PROTECTION OF PERSONS SUBJECT T0 SUBPOENAS. Person, except that, subject to the provisions of clause (c) (3) (B) (iii)
of this rule, such a person may in orderto attmd trial be
(1) A party or an attomey responsible for the issuance and service a person may in order to attend trial be commanded of a
subpoena shall take reasonable steps to avoid imposing undue burden to travel from any such place within the state in which the
trial is den or expense on a peson subject to that subpoena. 'I'he court on behalf held, or
Of which the subpoena was issued shall enforce this duty and impose (Iii) requires disclosure of privileged or other protected matter
upon the party or attomey in breach of this duty an appmpriate and no exception or waiver applies, or
sanction, which may include, but is not limited to, lost eamings and a (iv) subjects a person to undue burden.
reasonabie attorney's fee. (B) If a subpoena
(2)(A) A person commanded to produce and permit inspection and (i) requlra disclosure of a trade secret or other confidential
copying of designated books, papers, documents or tangible things, or research, development, or commercial information, or
inspection of premisa need not appear in person at the place of (ii) requires disclosure of an unretalned expert's opinion or
production or inspection unless commanded to appear for deposition, information not describing specific events or occurrences in dispute
hearing or trial. and resulting from the expert's study made not at the request of
any party, or
(B) Subject to paragraph (d) (2) of this rule, a person commanded (iii) requiru a person who is not a party or an ofncer ofa party
To produce and pennit inspection and copying may, wlthln 14 days after to incur substantial expense to travel more than 10g miles to at
Service of the subpoena or before the time specified for compliance if tend trial, the court may, to protect a person subject to or affected
Such time is less than 14 days after service, serve upon the party or by the subpoena, quash or modify the subpoena or, if the party in
Attomey dsignated in the subpoena written objection to inspection or whose behalf the subpoena is issued shows a substantial need for
Copying of any or all ofthe designated materials or ofthe premises. If the testimony or material that cannot be othervvae met without un *
objection is made, the party serving the subpoena shall not be entitled due hardship and assures that the person to whom the subpoena
to inspect and copy the materials or inspect the premises except is addrmsecl will t>e reasonably compensated, the court may order
pursuant to an order of the court by which the subpoena was Issued. If appearance or production only upon specined
conditions. objection has been made, the party serving the subpoena may, upon
notice to the person commanded to produce, move at any time for an order (d) DU1'IES IN RESPONDING TO SUBPOENA.
to compel the production. Such an order to compel produdsion shall (1) A person responding to a subpoena to produce documents shall
protect any person who is not a party or an officer of a party from produce them as they are kept in the usual course of businms or shall
significant expense resulting from the inspection and copying commanded. organize and label them to corrspond with the mtegoriu in the demand.
(3) (A) 0n timely motion, the court by which a subpoena was issued (2) When infonnation subject to a subpoena is withheld on a claim
shall quash or modify the subpoena If lt that it is privileged or subject to protection as trial preparation materials.
(i) fails to allow reasonable time for compliance; the claim shall be made expressly and shall be supported by a description
(ii) requirw a person who is not a party or an officer of a party of the nature ofthe documents, communications, or things not to travel to a
place more than 100 mils from the place where that produced that is sufficient to enable the demanding party to contest the
person resides, is employed or regularly transacts business in claim.
Case-1:07-cv-00261-JJF D0cument10 Filed 05/31/2007 Page30f3
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Case 1:07-cv—00261-JJF Document 10-2 Filed 05/31/2007 Page 1 of 1