Free Subpoena - District Court of Delaware - Delaware

Case 1:04—cv—01286-JJF Document 39 Filed 12/19/2005 Page1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE 1
0
KARI (SMITH) PRILLER, ,
Plaintiff, sU1a1.=oENA 1:N A cxvzrx. CASE `
v. A
TOWN OF SMYRNA, etal., Civil Action No. :04-1286 (UF) . i
Defendant.
To: Records Custodian DUCES ·1·EcUM
Office of the Attorney General j
102 W. Water Street ,
Dover, DE 19901
I] YOU ARE COMMANDED to appear in the United States District Court at the place, i
date, and time specified below to testify in the above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME
E] YOU ARE COMMANDED to appear at the place, date, and time specified below to
testify in the above case.
PLACE or DEPOSITION IDATE AND TIME
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 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, P.A. 5)§_%%m00l 00· 2005
414 S. State Street · a·m·
Dover, DE 19901
El YOU ARE COMMANDED to permit inspection of the following premises at the date
and time specified below.
PREMISES 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)
REouEsT1Nc t>AETY·s NAME, ADDRESS AND PHONE NUMBER
l Schmittinger & Rodriguez, P.A.
414 S. State Street, P.O. Box 497
Dover, DE 19901
, (302) 674-0140
l Tssn NG pARTY·s SIGNATURE AND TITL. (INDICATE IF ATTORNEY DATE
` EAINTIFF OR FE •.· > I [
· ` ~ December 16 2005.
v C , ·
ttorney for Plaintiff /

1

Case 1:04—cv—01286-JJF Document 39 Filed 12/19/2005 Page 2 of 2
I PROOF OF SERVICE I
SERVED DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
1
I DECLARATION OF SERVER I
1
I declare under penalty of perjury under the laws of the State of Delaware that the I
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 transacts business in person, except that,
_ subject to the provisions of clause
Px°°°dur°' Parts C & 1D' C(3)(b)(iii) of this Rule such a person may in
_ _ order to attend trial be commanded to travel
(c) Pr°t°°tl°n °f PaIS°nS Subjact tn from any such place within the state in which
S“bP°anaS· _ the trial is held or
(1) ’ A party or an attorney responsible (iii) requires disclosure or
far the lasnanca and Safvlca Of a $ubPOana_ privileged or other protected matter and no
shall take reasonable steps to avoid imposing exception or Waiver eoolies, or
undue burden or expense on a person subject to (iv) subjects e person co undue
that subpoena. The Court on behalf of which burdeu_
the subpoena was issued shall enforce this duty (B) If e subpoena
and impose upon the party or attorney in breach (il requires disclosure of e crude
ef this dntY an aPPY°PI}ata SanCtl°n· Whlnn maY secret or other confidential research,
Include, but IS nat llmltaa tar loan aafnlngs development, or commercial information, or
and a 1:'€aSO1’1&b1e attorney S fee. (ii) requires disclosure of sui
(2) _ {A) A Parson Cnmmanaad to Proauca unretained expert's opinion or information not
and Péfmlt 1¤SP€Ct1¤¤ and €¤PY1¤9 0f da$l9¤atad describing specific events or occurrences in
1?¤¤kS· papers, d¤<=*em¤¤¤S ¤r tanslble ¤h1¤¤S_¤r rurprre rua resulting from are exparer study
inspection of premises need not appear in made uoc er the request or soy perry, or
person at the place of production or inspection (iii) requires e person who is uoc e
unless com anded to appear for deposition, perry or uu officer of e party so incur
hearing OY trial- , substantial expense to travel more than 100
_ (B) Snb3aCt ta Paragraph (d)(2) Of miles to attend trial, the Court may, to
CnlS_fu}a¤ a Pafsan Cam anaad to Pfaauca and protect a person subject to or affected by the
P€fmlt 1¤$D9Ctl9n and C¤PYlnQ maY· wlthln 14 subpoena, quash or modify the subpoena or if
days after service of the subpoena or before the party in whose behelf the subpoena is
the time specified for compliance if such time issued Shows e substeuriel ueed for the
is lags than 14 aaYS aftaF Safvlcar Safva upon testimony or material that cannot be otherwise
tha Party ¤¥ a@@0f¤§Y daslgnatad in the met without undue hardship and assures that the
S¤bPQ€¤a Wflttén ObJ9¤t1On to lnapactlan af person to whom the subpoena is addressed will
C¤PYln9 Of any Of all Of_cha daalgnaaad _ _ be reasonably compensated, the Court may order
materials or of the premises. If objection is appgafancé or production Only upon specific
made, the party serving the subpoena shall not coudiuious_
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 (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
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 com anded. 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
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 ndles from the place where
that person resides is employed or regularly