Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1:04-cv-01286-JJF Document 33 Filed 12/02/2005 Page 1 of 2
UNITED STATES DISTRICT COURT A
DISTRICT OF DELAWARE

KARI (SMITH) PRILLER, .
Plaintiff, SUDPDENA m A cxvrx. cAsE 1
V-
TOWN OF SNIYRNA, etal., Civil Action No. :04-1286 (HF)
Defendant. (Er ea
ci V",
To: Betty Porter any Crit)
200 Coleman Street Q; , ,
Apt.5 V zg;/__ -··· i
- Clayton, DE 19938 “;;‘h;, ,1-, `g‘—’
Z9 r;·:t{, L; i
_ El YOU ARE COMMANDED to appear in the United States District Court g;,>§Q3zKhe)place,é5 p
date, and time specified below to testify in the above case. 4;,.; '_( I
er.AcE.oE TESTIMONY cotmmoom ·*‘·~ 6*
DATE AND TIME
IE] YOU ARE COMMANDED to appear at the place, date, and time specified below to l
testify in the above case. ,
PLACE OFVDEPOSITION DATE AND TIME T
Smyrna Town Ha]; December 8, 2005
27 S. Market Street Plaza @ 11:30 am. ,
Smyrna, Delaware, 19977
l
El YOU ARE COMMANDED to produce and permit inspection and copying of the following A
documents or objects at the place, date, and time specified below (list documents or ;
objects):
PLACE IDATE AND TIME
E] YOU ARE COMMANDED to permit inspection of the following premises at the date
and time specified below.
PREMISES _ }DA'I‘E AND TIME C
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)
REQUEETING PARTY'S NAME, ADDRESS AND PHONE NUMBER
Schmittinger & Rodriguez, P.A. _ ‘
_ 414 S. State Street, P.O. Box 497
Dover, DE 19901
(302) 674-0140 .
issumc PAR'I‘Y'S SIGNATURE AND TITLE Fon P A NTIFF on DEFE »·.t i I P ‘
/ J I Q'! A November 23, 2005.
M [12%% I A ’ Ylfff
‘ A n y or Plaintiff ij -

Case 1:04—cv—01286-JJF Document 33 Filed 12/02/2005 Page 2 of 2
I PROOF OF SERVICE I
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SERVED ON (PRINT ·¤* ) I MANNER OF S , VICE · )/
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¤¤¤¤ss·=I¤N ¤F SER
I declare under penalty of perjury under the laws of the State of Delaware
that the foregoing infomation contained in the Proof of Service is true and correct.
Executed on _ _ l_, r )’ (
( @{2% QQ (7 » E ,0U@}Z#* T
DATE W . SIG · DRE ,0 H R [ A 7
J
, ADDRESS OF SERVER l
Rule 45, Federal Rules of Civil léhat ataa Ya i s _iS V • sd ¤f gaglilifly R
_ ransac s usiness in person excep a
Px°°°dur°’ Parts C & D' subject to the provisions oflclause I
_ C(3)(b)(iii) of this Rule such a person may in
(c) P:°t°°ti°¤ °f P°¤S°¤S Sublect t° order to attend trial be commanded to travel
SubP°B¤aS· _ from any such place within the state in which
(1) A party or an attorney responsible the trial is held el
for the issuance and service of a subpoena (lll) hequlles disclosure sf
shall take reasonable steps to avoid imposing) pllvlleged el ether preheated matter and he
undue burden or expense on a person subject to exeephleh el waiver aphlles) eh
that subpoena. The Court on behalf of which (lv) subjects a person he undue
the subpoena was issued shall enforce this duty buId€n_
and impose upon the party or attorney in breach (B) If a subpoena
of this duty an appropriate sanction, which may (l) lequlles dlselesule ef a trade
lncludar but ls not llmltad tor lcst aatnlnga secret or other confidential research,
ssa a Es¤s¤¤sb1s attcfnay S t€a· development, or commercial information, or
(2) _ {A) A PafS¤¤ ¤¤mma¤aad tv Ptaquca (ii) requires disclosure of an
and Pafmat lnaPaCtl0n and COPYl¤$ Ot dsslssstsd unretained expert's opinion or information not
books, papers, documents or tanglble Chl¤QS_0T describing specific events or occurrences in
1¤SPa¤t1¤¤ ¤f Pfamlsaa Essd _ nat appear 1P dispute and resulting from the expert's study
person at the place of production or inspection made heh at the request ef any palsy) el
unless commanded.to appear for deposition, (lll) requires a person whe ls heh a
hssrlss °f trial- _ party or an officer of a party to incur
_ (B) Sublatt to PataQtaPh (d)(2) Gt substantial expense to travel more than 100
¤h1S_f¤l€· a P?fS¤¤ ssm snaed t0 Pfaauca and miles to attend trial, the Court may, to
Pafmlt lnapattlan and C°PYl¤9 may, Within 14 protect a person subject to or affected by the
days after service of the subpoena or before suhpeeha, quash el modify the subpoena as if
the time specified for compliance if such time the party lh Whose behalf the subpoena is
is less than 14 days sits; service, serve ¤1>¤¤ issued shows s substantial need for the
the PaftY O? att¤T¤aY dsslgnstsd EE tha testimony or material that cannot be otherwise
subpoena written objectlen to lH§P€Ct1OU GI met without undue hardship and assures that the
copying of any or all of_the designated _ _ person to whom the subpoena is addressed will
mataflala QI Ot tha Pfamaaas- If ablactlan 15 be reasonably compensated, the Court may order
made, the PaftY_5afV1¤Q tha s¤bp¤s¤¤ shall nat appearance or production only upon specific
be entitled to inspect and copy the materials Conditions.
or inspect the premises except pursuant to an
order of the Court by which the subpoena was (d) Duties in Responding to Subpoena.
issued. If objection has been made, the party (1) A person responding to a subpoena to
serving the subpoena may, upon notice to the produce documents shall produce them as they
person commanded to produce, move at any time are kept in the usual course of business or
for an order to compel the production. Such an shall organize and label them to correspond
order to compel production shall protect any with the categories in the demand.
person who is not a party or an officer of a (2) When information subject to a subpoena
party from significant expense resulting from is withheld on a claim that it is privileged or
the inspection and copying com anded. subject to protection as trial preparation
(3) (A) On timely motion, the Court materials, the claim shall be made expressly
shall by which the subpoena was issued quash or and shall be supported by a description of the
modify the subpoena if it nature of the documents, com unications, or
. (i) fails to allow reasonable time things not produced that is sufficient to
for compliance, enable the demanding party to contest the
(ii) requires a person who is not a claim.
party or an officer of a party to travel to a
place more than 100 miles from the place where