Free Subpoena - District Court of Delaware - Delaware

- Case 1 :04-cv-01286-JJF Document 30 Filed O9/19/2005 Page 1 of 2
DISTRICT OF DELAWARE
KARI M. (SMITH) PRILLER,
Plaintiff, SUBPOENA IN A CIVIL CASE
v ..
IOWN OF SMYRNA, et al., Civil Action No : 04-1286 (TIF)
Defendants.
TO: Sgt. Graham DUCES TECUM
Smyrna Police Dept
325 W. Glenwood Ave.
Smyrna, DE 19977
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 OF TESTIMONY COURTROOM
DATE AND TIME
El YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION I DATE AND TIME
IE YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects
at the place, date, and time specified below:
Deponent is to bring with him the complete file, Ecnludlng all reports, documents, statements notes,
photographs, and information developed during or as a result of an investigation relating to the rape
char es Hlecl b Karl Nl. Smith on or about 12f20/2002 re ardin the conduct of one Harve Le ett.
P}- DATE AND TIME
Schmittinger & Rodriguez, P A. Odom 31, ggg)5
414 S. State Street 11:00 a.m
Dover, DE 19901
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. I
PREMISES | 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 testify
Fedeml Rules 0f Civil Procedure 30( b)( 6)
REQUESTING PARTY'S NAME, ADDRESS AND PHONE NUMBER
William D. Fletcher, Jr , Esq. f
Schmittinger & Rodriguez, PA. _·
414 S. State Street, P O Box 497, Dover, DE 19901 Y
(302) 674-0140 ’
ISSU PARTY'S SIGN . URE A D TITLE (INDI · TE IF ATTORNEY FOR l DATE.
P -·‘€* · DEFEND I ,
. ea ·¢:,1•·— p " September 7, 2005 ‘

r Case 1 :04-cv-01286-JJF Document 30 Filed O9/19/2005 Page 2 of 2
I PROOF OF SERVICE I
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SERVED BY (PRINT NAME) TITLE
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I DECLARATION OF SERVER I
I declare under penalty ofperjury under the laws of the State of Delaware that the foregoing infor mation contained in
the Proof of Service is true and correct.
Executed on
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3-E mm . nga};
DA I E SIGNATURE OF SERyER
ADDRESS or SERVER "D¤~cSP.:n— , TDS`;-2 \°(°'C SSI
5 e:n— mnt — even
Rule 45, Federer Rules or Civil Procedure, Parts C thc S¤bi¤¤<=¤¤» smh ;¤r_=¤¤d¤fr the S¤b1>¤¤¤¤ 0; if the Pwr m wh¤9S·=
behalf the subpoena is issued shows a substantial need for the testimony
& D: or material that cannot be otherwise met without undue hardship and
_ _ assures that the person to whom the subpoena is addressed will be
(C) Pmlcctmn Of Puslms Sulllect W Subpl-Elias- _ reasonably compensated, the Court may order appearance or
(1) A party or an attorney responsible for the issuance and production only upon Spccitic Conditions
service of a subpoena shall take reasonable steps to avoid imposing
undue burden or expense on a person subject to that subpoena. The (tl) Duties in Responding to Subpoenar
Court on behalf of which the subpoena was issued shall enforce this (1) A person responding to a subpoena to produce documents shall
duty and impose upon the party or attorney in breach of this duty an produce them as they are kept in the usual course of business or shall
appropriate sanction, which may include, but is not limited to, lost organize and label them to correspond with the categories in the
earnings and a reasonable attorney's fee. demand.
(2) (A) A person commanded to produce and permit (2) When information subject to a subpoena is withheld on a claim
inspection and copying of designated books, papers, documents or that it is privileged or subject to protection as trial preparation materials
tangible things or inspection of premises need not appear in person at the claim shall be made expressly and shall be supported by a
the place of production or inspection unless commanded to appear· for description of the nature of the documents, communications, or things
deposition, hearing or trial. not produced that is sufficient to enable the demanding party to contest
(B) Subject to paragraph (d)(2) of this rule, a person the claim
commanded to produce and permit inspection and copying may, within
14 days after service ofthe subpoena or before the time specified for
compliance if such time is less than 14 days after service, serve upon
the party or attorney designated in the subpoena written objection to
inspection or copying of any or all of the designated materials or of the
premises. If objection is made, the party serving the subpoena shall not
be entitled to inspect and copy the materials or inspect the premises
except pursuant to an order of the Court by which the subpoena was
issued. lf objection has been made, the party serving the subpoena may,
upon notice to the person commanded to produce, move at any time for
an order to compel the production. Such an order to compel production
shall protect any person who is not a party or an officer of a party from
significant expense resulting from the inspection and copying
commanded.
(3) (A) Ou timely motion, the Court shall by which the
subpoena was issued quash or modify the subpoena if it
(i) fails to allow reasonable time for compliance,
(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 transacts business in person,
except that, subject to the provisions of clause C(3)(b)(iii) of this Rule
such a person may in order to attend trial be commanded to travel from
any such place within the state in which the trial is held or ’
(iii) requires disclosure of privileged or other protected
matter and no exception or waiver applies, or -
(iv) subjects a person to undue burden Q
(B) If a subpoena Q
(i) requires disclosure of a trade secret or other j
confidential research, development, or commercial information, or .
(ii) requires disclosure of an unretained expert's opinion _
or information not describing specific events or occurrences in
dispute and resulting from the expert's study made not at the request of ;
any party. or 2
(iii) requires a person who is not a party or an officer Z
of a party to incur substantial expense to travel more than 100 miles to j
attend trial, the Court may, to protect a person subject to or affected by =