UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
KARI (SlVlfTl-f) PRILLER,
Plaintiff, SUBPOENA IN A CIVIL CASE
v
Town or smYRNA, et ai., civii Action NO, :04-1286 (HF)
Defendant.
TO : Records Custodian DUCES *1·scUM
Kent General Hospital
640 S.. State Street
Dover, DE 19901
D YOU ARE COMMANDED to appear in the United States District Court at the place,
date. and time specified below to testify in the above case.
PLACE or ·rEs#rIMoNy couErEooM
DME AND TIME
D YOU ARE COMMANDED to appear at the place, date, and time specified below to
testify in the above case.
PLACE or osposirrron KDATE AND TIME
El YOU ARE COMMANDED to produce and permit inspection and copying of the l
following documents or objects at the place, date, and time specified below (list _
documents or objects): E
Deponent is to bring with him/her the complete file, including all medical records, reports, documents,
statements, notes, photographs, rape kit(s), records by SANE nurses, and any other information relating to the ¤
Emergency Room treatment of Kari Nl, Smith provided on or about 12/20/2002 f
* Your appearance is waived if the requested records are received by the date specified,
PLACE DATE AND TIME
Schmittinger 8. Rodriguez, P A ?$%%mb€l 3O= 2005
414 s stale street · 9 ml
Dover, DE 19901 ‘
D YOU ARE COMMANDED to permit inspection of the following premises at the date
and time specified below, j
PREMISES lows 1-mn TIME
Any organization not a party to this suit that is subpoenaed for the taking of a ‘
deposition shall designate one or more officers, directors, or managing agents, or
other persons who consent to testify on its behalf, and may set forth, for each ,
person designated, the matters on which the person will testify.
Federal Rules of Civil Procedure 30(b)(6) Q
REQUESTING Enmws NAME, ADDRESS AND PHONE NUMBER 3
Schmittinger & Rodriguez, PA
414 S State Street, PO Box 497
Dover, DE 19901 f
(302) 674-0140
is c EAEw·s SIGNATURE AND urrrts 11 cms ir rm·oENEy DME 2
•= · AINTIFF oa E r ww l ? I
// \ lf /. I N . December 16, 2005
Z. ....4..1 A . _L/if" ,
to ney for Plaintiff I ,
____‘“_““““'F’ Q
Case 1:04-cv-01286-JJF Document 44 Filed 12/30/2005 Page 2 of 2
I PROOF OF SERVICE I
SERVED DATE A PLACE J I /3
. l I
SERVED/, N (PRINT NAME) ` ‘ ` MANNER or SERVICE
Us//i/` --5 //A‘T' is J ¤m/
»· / Eéépw _ l f W FGA D
SERVED BY (PRINT NAME) TITLE _ ..
gf E gf- " 5=r7~»·; I - pz 0/
rf? » -Ae . / . 1 1/ _
DECLARATION op SE R
I declare under penalt.y of perjury under the laws of the State of Delaware that. the
foregoing information contained in the Proof of Service is true and Correct.
Executed on _ //
· l O. ' , U
/Z/Z/[@ AU!] . T » »
DATE _ Q &IGNA)I g}§EERVé {
ADDRESS OF SER / . W tgz -
5 é? ·r ,4
Rule 45, Federal Rules of civil transacts business in person, except that,
_ _ _ subject to the provisions of clause
P:°c°dux°' Parts C E D' C(3)(b){iii) of this Rule such a person may in
_ _ _ order to attend trial be commanded to travel
(C) P¥°¤°°tl°¤ °f P°:s°n$ SubJ°ct h° from any such place within the state in which
SubP°°naS~ 4 the trial is held or
(1) A party or an attorney responsible (iii) requires diseiesure ef
far aha laauaaaa and aarvlpa ¤f a ;a¤l¤p¤a¤a_ privileged or other protected matter ami no
shall take reasonable steps to avoid imposing exeeprieu er Weiver eppiiesl er
undue burden or expense on a person subject to {iv) supjeees e perseu ru uudue
that subpoena. The Court on behalf of which purdeu_
the subpoena was issued shall enforce this duty (B} If e subpeeue
and impose upon the party or attorney in breach (i) requires diseiesure ef e trede
of this duty an appropriate sanction, which may seerep er ether Ceufideutiei research,
include, but is not limited to, lost earnings develcpmentl Or Cemmerciai iufermapieur er
and a reasonable attorney's fee. (ii) requires diseiesure er eu
(Z1 _ (M A param ¤¤¤r¤a¤
b¤¤ka· PaP9fS· 6OC?mEHtS OI tanglble th1¤gS_OY dispute and resulting from the expert'S study
J.DSp€CCl0I1 of QIEIHISES Hééd HOC B.pp&&I` lI'1 made Het ec the request ef any pertyr OI
person at the place of production or inspection (iii) requires a perseu whe is ues e
unless commanded to appear for deposition, perry er eu effieer er e perry be iueur
hgaflng OY tflal- _ substantial expense to travel more than 100
_ (B) Saluacr ra paragraph ld) (21 af miles to attend trial, the court may, to
KhlS_ful€· a P?ISOH COmmBH§€d CO PYOEUC? and protect a person subject to or affected by the
permit inspection and copying may, within 14 subpoena, quash er mediry the subpeeue er if
days after service of the subpoena or before the perry in Whose beueif the suppeeue is
the time specified for compliance if such time issued shews e supseeuriei ueed fer the
ls IGSS rhaa ll d&YS afrar S€fVlC?' Serve UPOH testimony or material that Cannot be otherwise ;
the parw OF arraraay daalsaatad la rlla mee winieur undue heiaehip and assures that the _
SubPPEnd wrlrraa Oblactlcn ra l¤$PECtlOn Of person to whom the subpoena is addressed will
¤¤p>rla¤ af aw ¤r all ¤f_ rlla daalgaarad _ _ be reasonably eempeeeeiea, nie Court may order _
materials or of the premises. If objection is appearance er preduepieu Only upeu specific E
made, the party serving the subpoena shall not eeuditieusu -
be entitled to inspect and copy the materials E
or inspect the premises except pursuant to an (d) Duties in Responding to Subpoenai :
order of the Court by which the subpoena was (1) A person responding to a subpoena to
issued. If objection has been made, the party produce documents shall produce them as they _
serving the subpoena may, upon notice to the are kept in the usual course of business or
person commanded to produce, move at any time shall organize and label them to correspond Q
for an order to compel the production. Such an with the categories in the demanda Q
order to compel production shall protect any {2) when information subject to a subpoena §
person who is not a party or an officer of a is withheld on a claim that it is privileged or i
party from significant expense resulting from subject to protection as trial preparation
the inspection and copying commanded materials, the claim shall be made expressly
(3) (A) On timely motion, the Court and shall be supported by a description of the
shall by which the subpoena was issued quash or nature of the documents, communications, or
modify the subpoena if it things not produced that is sufficient to _
(i) fails to allow reasonable time enable the demanding party to contest the r
for compliance, claim. ;
(ii} requires a person who is not a .
party or an officer of a party to travel to a
place more than l00 miles from the place where
that person resides is employed or regularly
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