Free Subpoena - District Court of Delaware - Delaware

Case 1:04—cv—01286-JJF Document 40 Filed 12/19/2005 Page1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

KARI (SMITH) PRILLER,
Plaintiff, SUBPOENA 1:N A cxvzu. cAss
v.
TOWN OF SMYRNA, et al., Civil Action No. :04-1286 (HF)
Defendant.
To: Records Custodian Ducss Tscum
Kent General Hospital ,
640 S. State Street
Dover, DE 19901 1
El 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 oa rsasmnaony couivnaoou
‘ DATE AND mms
`I YOU ARE COMMANDED to appear at the place, date, and time specified below to
testify in the above case.
PLACE on DEPOSITION IDATE AND mma
M 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 him/her the complete file, including all medical records, reports, documents,
statements, notes, photographs, rape l Emergency Room treatment of Kari M. Smith provided on or about 12/20/2002.
* Your appearance is waived if the requested records are received by the date specified.
N. .
PLACE DATE AND TIME
Schmittinger & Rodriguez, P.A. 5)$%%mb&r 3O· 2005
414 s. stare Street · . a·m·
Dover, DE 19901
E] YOU ARE COMMANDED to permit inspection of the following premises at the date
and time specified below.
pmsnisns IDATE 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 testify.
Federal Rules of Civil Procedure 30(b) (6)
Raooasminc PAR'I‘Y'S NAME, ADDRESS AND PHONE NUMBER
Schmittinger & Rodriguez, P.A.
414 S. State Street, P.O. Box 497
Dover, DE 19901
(302) 674-0140
issui c PAmY·s SIGNATURE AND time <1NDicA#m ia ATTORNEY DATE
1 FO AEQTIFF on V E 24 ) ’ l
. \ _, _ December 16, 2005.
/1 ( " I {
> ._A Asajlai ~ . / ·
1 · to ney for Plaintiff , /
‘ · v
1

Case 1:04—cv—01286-JJF Document 40 Fnled 12/19/2005 Page 2 of 2 A
I PROOF OF SERVICE I
SERVED DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME} TITLE
I DECLARATION OF SERVER · I
I declare under penalty 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
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil trgnsacts business in person, except that,
_ su ject to t e provisions of clause
Pr°°°dux°’ Parts (2 & D' C(3)(b)(iii) of this Rule such a person may in
_ _ order to attend trial be com anded to travel
(G) Pr°ta°tr°n °f Para°“S SubJa°r t° from any such place within the state in which
SubP°a¤a$· _ the trial is held or
(1) _ A party or an attorney responsible (iii) requires diselesure ef
far the lasaaaaa and Sarvlca ar a aubPOana_ privileged or other protected matter and no
shall take reasonable steps to avoid imposing exeeetieu er waiver epplies, er
undue burden or expense on a person subject to (iv) subjects e eerseu te undue
that subpoena. The Court on behalf of which burdeu_
the subpoena was issued shall enforce this duty (B) If e Subpcgna
and impose upon the party or attorney in breach (il requires diselesure ef e trede
af tara darY an aPPraPr}ara Sancrlanr whlqh maY secret or other confidential research,
include, but is not limited to, lost earnings develepmeut, er eem ereiel iufermetien, er
and a reasonable attorney's fee. (ii) requires diselesure er eu
(2) _ {A) A Paraaa ¤¤mm¤¤Q¤d to Praaaca unretained expert's opinion or information not
&¤d D€fmlU 1¤SP€¤t1¤¤ and COPYIRQ Of daalgnarad describing specific events or occurrences in
raakar papers, dOC?manra ar tanglbla rhln9S_Or dispute and resulting from the expert's study
inspection of premises need not appear in made not at the request er euy party] er
person at the place of production or inspection (iii) requires e perseu whe is uet e
unless com anded to appear for deposition, party er an errieer er e eerty te iueur
haarlng Or rrlal- _ substantial expense to travel more than 100
_ (B) Sublacr ra Paragraph (d)(2) Or miles to attend trial, the Court may, to
rh1a_rura» a Parsan Cam anaad ra Praauca and protect a person subject to or affected by the
Parmlr laaPaCrlaa and COPYLUQ maY» Wlrhln 14 subpoena, quash or modify the subpoena or if
days after service of the subpoena or before the party in Whose behalf the subeeeue is
the time specified for complianee if such time issued Shows e substeutiel need fer the
is laas than 14 days afrar Sarvlcal aarva UPOH testimony or material that cannot be otherwise
the Parry Or arr¤r¤aY deslgnated In tra met without undue hardship and assures that the
Subpeena Wrlrraa abjacrlaa ra lnapacrlaa or person to whom the subpoena is addressed will
COPYla9 Of anY Or all 0f_rha daalgnarad _ , be reasonably compensated, the Court may order
materials or of the premises. If objection is appearance er production euly upon seeeirie
made, the party serving the subpoena shall not eeuditieus_
be entitled to inspect and copy the materials
or inspect the premises except pursuant to an (d) Duties in Responding to Subpoena.
order of the Court by which the subpoena was (l) 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
for an order to compel the production. Such an with the categories in the demand.
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
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 nmtion, the Court and shall be supported by a description of the
shall by which the subpoena was issued quash or nature of the documents, com unications, 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
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 100 miles from the place where
that person resides is employed or regularly