Free Subpoena Returned Executed - District Court of Delaware - Delaware

_ Case 1 :06—cv—00772-GIVIS Document 13 Filed 08/20/2007 Page 1 of 2
AO 88 (Rev. 7/O0! Subpocna in a Civil Case
Issued by the
DISTRICT OF DELAWARE
JASON R. BENDER, SUBPOENA IN A CIVIL CASE - DUCES TE CUM
Plaintiff,
v. Case Number: 06-00772 (GMS)
STEVEN ROBERTSON,
Defendant.
TO: Records Custodian
Delaware State Police Troop 7
18006 Coastal Highway
Lewes, DE 19958
D YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below
to testif in the above case.
PLACE or resm/ioNv couamoom
DATE AND time
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.*
PLACE OF DEPOSITION DATE AND TIME
Smith, Katzenstein & F urlow LLP
800 Delaware Avenue, l0"‘ Floor September 17, 2007 AT 10:00 A.M.*
Wilmin ton, DE 19801
I YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at
the place, date, and time specified below (list documents or objects): See Appendix attached.
*Attendance at the deposition will be waived M the deponeut produces the requested documents on or before September 14,
2007.
PLACE DATE AND time
Smith, Katzenstein & Furlow LLP
800 Delaware Avenue, 10“‘ Floor September 17, 2007 AT 10:00 A.M. *
Wilmin ton, DE 19801
Ei YOU ARE COMMANDED to permit ins ection of the followin remises at the date and time s ecified below.
presiilsizs I DATE AND time
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 erson desi hated, the matters on which the erson will testif . Federal Rules of Civil Procedure, 30 b 6 .
issuiNc oi=ricER·s SIGNATURE AND rirtz (INDICATE ir ADDRNEY Fora i¤tAiNriri= ora DATE
DEFENDANT)
Etta R. wom-: (ID NO. 4164) August 13, 2007
Attorney for Plaintiff
l5S_l.llNG orriceres NAI)/IE, ADDRESS AND PHONE NUMBER _ _
Smith, Katzenstein & Furlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc: Ralph K. Durstein, III, Esquire

Case 1 :06—cv—00772-GIVIS Document 13 Filed 08/20/2007 Page 2 of 2
PROOF OF SERVICE
DATE PLACE
SERVED
3/14/07 18006 COASTAL HWY
LEWES, DE

SERVED ON (Print Name) MANNER OF SERVICE
ACCEPTED BY
TROOP 7 CPL LAYFIELD

SERVED BY (Print Name) TITLE
Private Process Server
GRANVILLE MORRIS
DECLARATION OF SERVER
I declare under penalty of perjury under the law of the State of Delaware that the foregoing infomation contained in the Proof of Service is true
and correct.
Executed OHS 8/]4/()7 V V
SIGNATURE OF SERVER
BRANDYWINE PROCESS SERVERS, LTD.
P. 0. BOX 1360
WILMINGTON, DE 19899-1360
(302) 475 - 2600
Superior Court Civil Rule 45, Parts C, D & E*
(c) Protection 0fPers0ns subject to Subpoenas
(1) A party or an attorney responsible for the issuance and (B) Ifa subpoena
service of a subpoena shall take reasonable steps to avoid imposing (i) requires disclosure ofa trade secret or other confidential
under burden or expense on a person subject to that subpoena. The research, development, or commercial information, or
Curt shall enforce this duty and impose upon the party or attorney in (ii) requires disclosure of an unretained expert's opinion or
breach of this duty an appropriate sanction, which may include, but is information not describing specific events or occurrences in
not limited to, lost earnings and a reasonable attomey‘s fee. dispute and resulting from the expert's study made not at the
request of any party,
(2)(A) A person commanded to produce and permit inspection
and copying of designated books, papers, documents or tangible things the Court may, to protect a person subject to or affected by the
or inspection of premises need not appear in person at the place of subpoena, quash or modify the subpoena or, ifthe party in whose behalf
production or inspection unless commanded to appear for deposition, the subpoena is issued shows a substantial need for the testimony or
hearing or trial. material that cannot be otherwise met without undue hardship and
(B) Subject to paragraph (d)(2) ofthis rule a person assures that the person to whom the subpoena is addressed will be
commanded to produce and permit inspection and copying may, reasonably compensated, the Court may order appearance or production
within I4 days after service of the subpoena or before the time only upon specified conditions.
specified for compliance if such time is less than I4 days after
service, serve upon the party or attorney designated in the subpoena (d) Duties in Responding to Subpoena.
written objection to inspection or copying of any or all of the
designated materials or ofthe premises. If objection is made, the (1) A person responding to a subpoena to produce documents
party serving the subpoena shall not be entitled to inspect and copy shall produce them as they are kept in the usual course of business or
the materials or inspect the premises except pursuant to an order of shall organize and label them to correspond with the categories in the
the Court. If objection has been made, the party serving the subpoena dgmand_
may, upon notice to the person commanded to produce, move at any (2) When information subject to a subpoena is withheld on a claim
time for an order to compel the production. Such an order to compel that it is privileged or subject to protection as trial preparation materials,
PTOUUCUOU shall Dfmcci ¤¤Y D€F$0¤ who .15 DOI 6 Party QF an officer of the claim shall be made expressly and shall be supported by a description
B Palfty f\‘0m $¤g¤1E0*1¤i €XP€¤S¤ resulting fmm ih€ 1¤SD€<>i¤0¤ and ofthe nature ofthe documents, communications, or things not produced
copying commanded. that is sufficient to enable the demanding party to contest the claim.
(3)(A) On timely motion, the Court shall quash or modify the (e) Cantempt.
subpoena if it
(i) fails to allow reasonable time for compliance, Failure by any person without adequate excuse to obey a subpoena
(ii) requires disclosure of privileged or other protected served upon that person may be deemed contempt of court.
matter and no exception or waiver applies, or
(iii) subjects a person to undue burden.

A _ Case 1 :06-cv-00772-Gl\/IS Document 13-2 Filed 08/20/2007 Page 1 of 1
APPENDIX
DEFINITION
"Document" is used in the broadest sense of that term and includes, but is not limited to,
any writing or record of any type or description, including laws, statutes, regulations, guidelines,
directives, standards, manuals, agreements, contracts, correspondence, letters, telegrams, inter or
intra-office communications (including electronic mail), memoranda, reports, studies, records,
specifications, notes, notebooks, diaries, minutes, minutes of meetings, testimony, speeches,
tabulations, analyses, plans, photocopies, graphs, descriptions, motion pictures, audio or video
recordings of any type, publications, transcripts of telephone conversations, and any other
retrievable data (whether encoded, taped, or coded electrostatically, electromagnetically, or
otherwise), whether an original or copy (including, but not limited to carbon, handwritten,
typewritten, microfilm, photostatic, and xerographic copies), including any non-identical copies
(whether different from the original because of any alteration, notes, comments, or otherwise),
together with any supplements or attachments thereto or enclosures therewith.
DOCUMENTS TO BE PRODUCED
l. All documents referring or relating to Delaware State Police policy, procedures, and/or
training regarding the use of deadly force, vehicle pursuit and use of force in effecting arrests.
2. All documents referring or relating to the events of January 16, 2005 involving the
plaintiff and the defendant.
3. All persomiel files referring or relating to Steven Robertson, including but not limited to,
any and all disciplinary, training and/or internal affairs’ files.
062l8|NTS\l0029397.WPD 2