UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
KARI (SMITH) PRILLER,
Plaintiff, SUBPOENA IN A CIVIL CASE
v.,
TOWN OF SNIYRNA, et ai., Civil Action No , :04-1286 (ITE)
Defendant.
TO : Records Custodian DUCES TECUM
Office ofthe Attorney General
102 W.. Water 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 OF TESTIMONY coumaoom
DATE AND TIME
E YOU ARE COMMANDED to appear at the place, date, and time specified below to
testify in the above case.
PLACE os DEPOSITION IDATE AND TIME
IZ 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):
Deponent is to bring with himlher the complete file, including all records, reports, documents, statements,
notes, photographs, audio and/or video tapes, rape kit, and any other information relating to the rape charge
made by Kari Nl Smith on or about 12/20/2002 against Harvey Leggett,
* Your appearance is waived if the requested records are received by the date specified
PLACE DATE AND TIME
Schmittinger & Rodriguez, PA. Dgcember 30· 2005
414 s State Street *0-UO 3 m a
Dover, DE 19901 {
D YOU ARE COMMANDED to permit inspection of the following premises at the date
and time specified below,
pREN1sEs |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 ‘
person designated, the matters on which the person will testifyr ?
Federal Rules of Civil Procedure 30(b) {6) _
AEouEsTTNo 1>AATy·s NAME, ADDRESS AND PHONE NUMBER j
Schmittinger & Rodriguez, P A
414 S State Street, P.O Box 497
Dover, DE 1990'E Y
(302) 674-0140 ;
rss .·¤· EAAT
J ~ ‘ . V
P _ - _ fw. December 16, 2005
._ / *' L O .
t tor ey for Plaintiff f / ' Q
_ . Case 1:04-cv-01286-JJF Document 43 Filed 12/30/2005 Page 2 of 2
I PROOF OF SERVICE I
SERVED DATE ptacn " d J _Q · -
/Ze Za @6 r - a m y
SERVED ON NAM ) M, MANNER 0F__ SERVICE
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SERVED BY {PRINT NAME [J TITLE 22/ »
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nscxmmsrom or ssa 12 9/· · { r,- jg, I
1 declare under penalty of perjury under the laws of the State of Delawar that the
foregoing information contained in the Proof of Service is true and correctr
Executed on r _
/ ZJ; ff { 7 / t
DATE sgnzgasr Qssgn Q i
ADDRESS OF SERVER jg /
Rule 45, Federal Rules Of JCI`g1ilSB.§ti b`L;?1lI1€SS JPIIIQGISOIE, except Chéltr E
_ _ _ su jec o e provisions o c ause
PI°c°dur°' Pazts C E D' C(3)(b)(iii) of this Rule such a person may in
_ _ order to attend trial be com anded to travel
{C} PI°t°°t1°n °f P°Is°“S subiact t° from any such place within the state in which
subP°°¤a$~ _ the trial is held or
(1) _ A PEIVY Of an ?ttOIn@Y Y€SPO¤$1bl€ (iii) requires disclosure of
for the issuance and Sefvlce tf 5 $ubPO€¤&_ privileged or other protected matter and no
shall take reasonable steps to avoid imposing exception or waiver eppiiesf or
undue burden or expense on a person subject to (iv) subjeofs e person fo undue
that subpoena. The Court on behalf of which burdenn
the subpoena was issued shall enforce this duty (B) If e subpoena
and impose upon the party or attorney 111 breach (i) requires disclosure of e_ erode
tf this duty at ttttttrtttt tttttitm Whitt may secret or other confidential research,
t¤¤1¤dt· but tt ¤¤t llmtsd t¤· itat sttnmst development, or eemmererei infomation, or
and a reasonable attorney s fee. (ii} requires disoiosure of sn
(2) _ (A} A PEYSOH ttm anded K0 PYGQUCE unretained expert's opinion or information not
and Permit lnspgctlon and COPYl¤§ tf d€$lgn&t€d describing specific events or occurrences in
bOOkS» PaP€IS· dOC¥m@nCS Of tttsttlt Chln9S_Of dispute and resulting from the expert's study
].I'1Sp€CtlO1".l of pIGITl.1.S@5 1'1€Gd HOK ¤E\ppE&‘Lf QL1'1 made HOE at the requgst Of any party, Or
person at the place of production or inspection (iii) requires e person who is not e
unless commanded to appear for deposition, party or an offioer of e perry to incur Q
hgaflng OY cIlal· _ substantial expense to travel more than 100
_ _ (B) Subléct to Paragraph (d}(2) Of miles to attend trial, the Court may, to ¥
ttttetle t ttrstm ttmttqitd t<> prtduts and protect e person subject to or affected by are :
Permit LHSPECKLQH and COPYLHQ m&Y· Wlthln 14 subpoena, quash or modify the subpoena or if Q
days sfttt tenets tf the S¤t1¤¤t¤¤_¤t teftts are perry in whose behalf the subpoena is ,
the time specified for compliance if such time issued snows e subsfsnrisi need for fhe
15 lest that 14 days after St¤¤¤t· Serve ¤p¤¤ testimony or material that cannot be earerwree Q
the PRKKY OF BttOY¤?Y d?Sl9¤at?d lt CPG met without undue hardship and assures that the
SubP?9HB wflttgn Oblectlom UO ln$P9Ct1On OY person to whom the subpoena is addressed will
€¤PY1QQ Of RHY Of 611 Of_Kh€ d@$19H&E@d _ _ be reasonably compensated, the Court may order
materials or of the premises. If objection is appearance or produofion only upon speoifio Z
made, the party serving the subpoena shall not oondirionsn -
be entitled to inspect and copy the materials f
or inspect the premises except pursuant to an (d) Duties in Responding to Subpoenae ·
order of the Court by which the subpoena was (l) A person responding to a subpoena to Q
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
for an order to compel the production. Such an with the categories in the demandr
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 r
party from significant expense resulting from subject to protection as trial preparation ’
the inspection and copying commandedi 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 -
nmdify 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. I
(ii) requires a person who is not a
party or an officer of a party to travel to a i
place more than 100 miles from the place where 2
that person resides is employed or regularly I
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