Free Subpoena Returned Executed - District Court of Delaware - Delaware

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PROOF OF SERVICE
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- DECLARATION OF SERVER
I declare under enal of er`u under the laws ofthe United States of America that the fore oin infomation contained in the Proof of Service is true and correct.
Executed on
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ADDRESS OF SERVER
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Rule 4fi, Federal Rules of Civil Procedure, Parts C & D:
(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
(1) A party or an attomey responsible for the issuance and service of a wnnm mo smc m Yxnloh the ma} ls noun or _ _
subpoena shall take reasonable steps to avoid imposing undue burden or (ln) roqunoo omolosuro of pmlnogou or omor protootou mano"
expense on a person subject to that subpoena. The court on behalf of which the and no oxooonon on Wawor appuom or
subpoena was issued shall enforce this duty and impose upon the party or (iv) subjects aperson to undue burden.
altomey 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) If a subpoena
(2) (A) A person commanded to produce and pemtit inspection and (i) requires disclosure of a trade secret or other confidential research,
copying of designated books, papers, documents or tangible things, or development, or commercial information, or
inspection of premises need not appear in person at the place of production or (ii) requires disclosure of an unretained expert’s opinion or
ins ection unless commanded to a ear for de osition, hearing or trial. infomiation not describing specific events or occurrences in dispute and
P PP P
resulting from the expert’s study made not at the request of any party, or
(B) Subject to paragraph of this mic, a poison commanded t (lll? l’CC|UlI'CS 3 p€I'SOl`l WIIO IS DOI 8 OT 8.l’l OFHCCF H party to
to niodocc and pcnnit inspection and copying may, within 14 days aiitci Scwicc incur substantial expense to travel more than lO0 miles to attend trial, the conrt
of tho subpoena or before the time specified for compliance if such time is less may, to Protoot a oomon Suojoot to or ¤i°f¢¤*¤¤ by me Subpoonay quash or mou'fY
than 14 days ohci, Scwicci scivc upon thc party oi, attomcy dcsignotcd in thc the subpoena or, if the party in whose behalf the subpoena is issued shows a
Snboocno wiittcn objection to inspcction oi. copying of any oi all of thc substantial need for the testimony or material that cannot be otherwise met
designated materials or of the premises. If objection is made, the pany serving Wnnout uouuo nnrusnm md ossums that mo porson to whom mo Subpoona 'S
the subpoena shall not be entitled to inspect and copy the materials or inspect auurossou Wu! bs rousonaoly °omponSat°u= the coun may Order appcomnoo or
the premises except pursuant to an order of the court by which the subpoena prouuooon only upon Sooolnou °onumonS·
was issued. If 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
pomon who is noi a pany or an omoo" of a pany fmm sigmnoam oxponso (l) A person responding to a subpoena to produce documents shall
msunmg from mo mspoonon and oopymg oommanooo 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
Shan quash or m¤d¤fv the subpoena 'fn (2) When information 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 man 100 miles from the place where that enable the demanding party to contest the claim.
person resides, is employed or regularly transacts business in person,
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Case 1 :04-cv—00943-KAJ Document 46 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 N0. 04-CV-943-KA]
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/ECF 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
C M/ECF.
BY HAND DELIVERY
Records Custodian I
Christiana Counseling
2535 Woodmill Drive, #47
Wilmington, DE 19808
if $#4.41,}; 2; .;,2 ‘ l —
, Sar h E. DiLuzio (#4085)
I Potter Anderson & Corroon LLP
Hercules Plaza
P. O. Box 951
Wilmington, DE 19899
(302) 984-6000
[email protected]