Free Notice of Service - District Court of Delaware - Delaware

Case 1:05—cv—00880-GI\/IS Document 39-2 Filed 12/28/2006 Page1 0f2

·- Q Case 1:05—cv—00880-Gl\/IS Document 39-2 Filed 12/28/2006 Page 2 of 2
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Rule 45, Federal Rules of Civil Procedure, Parts C 8. D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. business in person, except that, subject to the provisions of
clause (c)(3)(B)(iii) of this rule, such a person may in order to
(I) A party or an attorney responsible for the issuance and attend trial be commanded to travel from any such place
service of a subpoena shall take reasonable steps to avoid within the state in which the trial is held. or
imposing undue burden or expense on a person subject to that (iii) requires disclosure of privileged or other protected
subpoena. The court on behalf of which the subpoena was matter and no exception or waiver applies, or
issued shall enforce this duty and impose upon the party or (iv) subjects a person to undue burden. r
attorney in breach of this duly an appropriate sanction, which (B) If a subpoena A
may include, but is not limited to, lost earnings and a (i) requires a disclosure of a trade secret or other ·
reasonable attorney's fee. conidential research, development, or commercial I
information, or
(2) (A) A person commanded to produce and permit (ii) requires disclosure of an unretained expert’s
inspection, copying, testing, or sampling of designated opinion or information not describing specihc events or
electronically stored information, books, papers, documents or occurrences in dispute and resulting from the expert's study i
tangible things, or inspection of premises need not appear in made not at the request of any party, or i
person at the place of production or inspection unless (iii) requires a person who is not a party or an ofHcer
commanded to appear for deposition, hearing or trial. of a party to incur substantial expense to travel more than i00
miles to attend trial, the court may, to protect a person subject
(B) Subject to paragraph (dl (2) of this rule, a person to or affected by the subpoena, quash or modify the
commanded to produce and permit inspection, copying, subpoena or, if the party in whose behalf the subpoena is
testing, or sampling may, within I4 days after service of the issued shows a substantial need for the testimony or material
subpoena or before the time specified for compliance if such that cannot be otherwise met without undue hardship and
time is less than I4 days after service, serve upon the party or assures the person to whom the subpoena is addressed will be
attorney designated in the subpoena written objection to reasonably compensated, the court mayorderappearanceor
producing any or all of the designated materials or inspection production only upon specified conditions.
of the premises - or to producing electronically stored
information in the form or forms requested. If objection is made,
the party sewing the subpoena shall not be entitled to inspect, (d) DUTIES IN RESPONDING TO SUBPOENA
copy, test, or sample the materials or inspect the premises
except pursuant to an order of the court bywhich the subpoena (I)(A) A person responding to a subpoena to produce
was issued. lf objection has been made, the party serving the documents shall produce them as they are kept in the usual
subpoena may, upon notice to the person commanded to course of business or shall organize and label them to
produce, move at any time for an order to compel the correspond with the categories in the demand.
production. Such an order to compel shall protect any person
who is not a party or an officer of a party from significant (B) If a subpoena does not specify the form or forms for
expense resulting from the inspection, copying, testing, or producing electronically stored information, a person
sampling commanded. responding to a subpoena must produce the information in a
form or forms in which the person ordinarily maintains it or in a
(3) (A) On timely motion, the court by which a subpoena was form or forms that are reasonably usable.
issued shall quash or modify the subpoena if it
(i) fails to allow reasonable time for compliance; (C) A person responding to a subpoena need not
(ii) requires a person who is not a party or an officer of produce the same electronically stored information in more
a party to travel to a place more than l00 miles from the place than one form.
where that person resides, is employed or regularly transacts