Free Subpoena Returned Executed - District Court of Delaware - Delaware

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PROOF OF SERVICE
SERVED DATE at if PLACE 5 jg _g H . pts} Y
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SERVED ON (PRINT NAME) MANNER OF SERVICE
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SERVED BY (PRINT NAME) TITLE
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_ DECLARATION OF SERVER
I dcelare under enalty of er`ury under the laws of the United States ofAmerica that the fore oin infomation contained in the Proof of Service is true and correct.
lexecuted on ___
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ADDRESS OF SERVER
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Rule 4fi. Federal Rules of Civil Procedure, Parts C & D:
l (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. 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
(I) A pany or an attomey responsible for the issuance and service of a W'mm the Suuo m YY_mou tI1<=¤¤¤I 'S hom> or _ _
subpoena shall take reasonable steps to avoid imposing undue burden or lm) roquuoo msolosuro of povuogoo or omor protoomo mmol
expense on a person subject to that subpoena. The court on behalf of which the ono no oxooouou ol Wowor uppuoS· or
subpoena was issued shall enforce this duty and impose upon me party or (N) Suoloots opomoo to uuuuo ouruou
attorney in breach of this duty an appropriate sanction, which may include, but
is not limited to. lost eamings and a reasonable attomey’s fee. (B) lfa subpoena
(2) (A) A person commanded to roduce and permit inspection and (i) requires disclosure of a trade secret or other confidential research,
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copying of designated books. a ers, documents or tangible thin s, or develo ment, or commercial infomation, or
P P 8 P _
inspestiou of premises need not appear in person at me place of production or (ii) requires disclosure of an unretained expert’s opinion or
iuspeztion unless commanded to appear for deposition, hearing or trial. 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
(B) Subject to paragraph (d)(2) of this rule, a person commanded _ (ul) roquuos a person who ls not o pomj or au ofucor ef a pany to
to otodnoe and oenntt inspection and copying may, Within 14 days attet sewtee incur substantial expense to travel more than 100 miles to attend trial, the court
of the subpoena or before the time specified for compliance if such time is less moy~ to proton a oorsou Suoloot to or offootou oY mo suopoouoy quash or mommy
than I4 days attet service) serve nnon the pany or attorney designated in the the subpoena or, if the partyt in whose behalf the subpoena is issued shows a
subpoena Wntten objection to inspection ot eonytng of any ot ah ot- the substantial need for the testrmony or material that cannot be otherwise met
destgtated ntatenats ot ofthe ntemtses hcohjeetton ts made, the pany sewing without undue hardship and assures that the person to whom the subpoena is
the subpoena shall not be entitled to inspect and copy the materials or inspect oouroosoo Wm be rousouooly °ompou_S2u°u~ mo Coun may oruor oppoomuoo or
the p·emises except pursuant to an order of the court by which the subpoena produouou only upon Spoomou oouumouS·
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 (d) DUTIES IN RESPONDING TO SUBPOENA.
to compel the production. Such an order to compel production shall protect any
porsoo who is noi a pooy or an omoor of 3 pany from slgmooam oxpooso (I) A person responding to a subpoena to produce documents shall
rosuumg from mo mspoooou md oopymg ¤<>mm¤¤¤¢<*· produce them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the demand.
(3) (A) On timely motion, the court by which a subpoena was issued
Suuu luosh or m<>d¤fv rhs Suopoouo mu (2) When infomation subject to a subpoena is withheld on a claim that
it is privileged or subject to protection as trial preparation materials, the claim
(i) fails to allow reasonable time for compliance; shall be made expressly and shall be supported by a description of the nature of
(ii) requires a person who is not a party or an officer of a the documents, communications, or things not produced that is sufficient to
party to travel to a place more than 100 miles from the place where that enable the demanding party to contest the claim.
perso 1 resides. is employed or regularly transacts business in person,
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Case 1 :04-cv—00943-KAJ Document 47 Filed 09/19/2005 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DINO G. PETROCELLI, )
)
Plaintiff, )
)
vs. )
) Case No. 04-CV—943-KAJ
CHRYSLER CORPORATION, MOPAR )
DIVISION. )
)
Defendant. )
CERTIFICATE OF SERVICE
I, Sarah E. DiLuzio, hereby certify that on September 19, 2005, the within
PROOF OF SERVICE of a Subpoena Duces Tecum was electronically filed with the Clerk of
the Court using CM/ECP and that the document was served on September 16, 2005 on the
following as indicated; and that the document is available for viewing and downloading from
CM/ECF.
BY HAND DELIVERY
Records Custodian
Delaware Technical & Community College
333 Shipley Street
Wilmington, DE 19801
{V 2- [{,1,3,/( I ;‘}&;j{,(/t,(··»i.,_ `, ~;
Sarah E. DiLuzio (#4085)
"“" Potter Anderson & Corroon LLP
Hercules Plaza
P. O. Box 951
Wilmington, DE 19899
(302) 984-6000
[email protected]