A - " _ Issued by the E _ `
UNITED STATES DISTRICT COURT S A
~ V DISTRICT OF DELAWARE
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?\¤»»·»·¢»\-SSE p . SUBPOENA IN A CIVIL CASE
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testify in th above case.
PLACE OF TESTIMONY . COURTROOM ·
DATE AND TIME
I] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at th taking of a deposition
in the above case. .
PLACE OF DEPOSITION _ I DATE ANDTEME
YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents qr objects); €\•sT ¢~¤¢é ¤·\`\ %~··¤e<‘·¤ S·\·o.\e~me·.¤x>`\·s I
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El YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES l DATE AND TIME l
Any organization not a partyito 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
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER’S SIGNATURE AND TTTLE (INDICATE IF ATTORNEY FOR PLATNTTPP on DEPENDANT) DATE _
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ISSUING 0P1=icER’s NAME, ADDRESS AND PILIONE NUMB R .
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'(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
U ‘ {faction is pending in district other than district of issuance, state district under case number. V l
Case 1 :06-cv-00001-G MS Docu ment 78-2 Filed 10/23/2007 Page 2 of 2
i { PROOF OF SERVICE I .
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) . - - 'IITLE ‘ _ _
I DECLARATION OF SERVER .
I declare under penalty of perjury under the laws of the United States of America that the foregoing information .
contained in the Proof of Service is true and correct. .
Executed on l -
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER _
; Rule 45, Federal Rules of Civil Procedure, Parts C & D:
* (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. .
j _ (1) A party or an attorney responsible for the issuance and service of a trial be commanded to travel from any such place within the state in which the
subpoena shall take reasonable steps to avoid imposing undue burden or expense trial is held, or V _ `
on a person subject to that subpoena. The court on behalf of which the subpoena ` _
· was issued shall enforce this duty and impose upon the party or attorney in breach _ _ (iii) requires disclosure of privileged or other protected matter and
of this duty an appropriate sanction which may include, but is not limited to, lost no exception or weiver applies, or ` ` ` _
earnings and reasonable attorney’s fee. ` (iv) subjects a person to undue burden. ` _
(2) (A) A person commanded to produce and permit inspection and copying _ (B) Ifa subpoena - ·
of designated books, papers, documents or tangible things, or inspection of ‘ " ` ` ·
premises need not appear inpcrson at the placeofproduction or inspection unless . - (i) ~ requires disclosure of a trade secret or other confidential
commanded to appear for deposition, hearing or trial. research, development, or commercial information, or
- (ii) requires disclosure of an unretained expert's opinion or
2 - (B) Subject to paragraph (d) (2) of this rule, a person commanded to information notdescribing specific events or occurrences in dispute and resulting
produce and permit inspection and copying may, within 14 days after service of from the experfs study made not at the request of any party, or
subpoena or before the time specified for compliance if such time is less than I4 (iii) requires a person who is not a party or an oflicer of a party to
j days after service, serve upon the party or attomey designated in tl·re subpoena incur substantial expense to travel more than 100 miles to attend trial, the court
` _ written objection to inspection or copying of any or all ofthe designated materials may, to protect a person subject to or affected by the subpoena, quash or modify
or ofthe premises. If objection is made, the party serving the subpoena shall not the subpoena, or, if the party in who behalf the subpoena is issued shows a
· be entitled to inspect and copy materials or inspect the premises except pursuant substantial need for the testimony or material that cannot be otherwise met
to an order ofthe court by which the subpoena was issued. Lf objection has been without undue hardship and assures that the person to whom the subpoena is
made, the party serving the subpoena may, upon notice to the person commanded addressed will be reasonably compensated, the court may order appearance or
V to produce, move at any time for an order to compel the production. Such an production only upon specified conditions.
order to comply production shall protect any person who is not a party or an
officer of a party from significant expense resulting from the inspection and (d) DUTIES IN RESPONDING TO SUBPOENA.
. copying commanded. . ‘ · _, ` .
` (1) A person responding to a subpoena to produce documents shall produce
(3) (A) On timely motion, the court by which a subpoena was issued shall them as they are kept in the usual course of business or shall organize and label
‘ quash or modify the subpoena if it them to correspond with the categories in the demand. l
` (i) fails to allow reasonable time for compliance, (2) When information subject to a subpoena is withheld on a claim that it is
(ii) requires a person who is not a party or an officer of a party to privileged or subject to protection as trial preparation materials, the claim shall
travel to a place more than l00 miles from the place where that person resides, be made expressly and shall be supported by a description of the nature of the
T is employed or regularly transacts business in person, except that, subject to the - documents, communications, or things not produced that is sufficient to enable
- provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to the demanding party to contest the claim.
attend
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