Free Deposition Transcript - District Court of Delaware - Delaware

Case 1 :04-cv—OO930-KAJ Document 44-4 Filed O3/07/2005 Page 1 of 2
Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CHARLES A. BROWN,
_ Plaintiéf, SUBPOENA IN A CIVIL CASE
THE CHURCH INSURANCE COMPANY,
¤¤f¤¤da¤¤ · Case Number:‘ 04-930 KAJ
Ralph K. Durstein, Esquire
TO: Department of Justice
. 820 N. French Street
Wilmington, DE 19801
EI YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below
testify in the above case.
PLACE OF TEsT1MoNY I COURTROOM
DATE AND TIME
Fi 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 DATE AND TIME
Potter, Carmine & Aaronson, P.A. March 22 , 2005 p
840 N. Union Street Wilmin ton DE 19899 10; OO a .m.
I3 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):
See Exhibit A attached hereto.
PLACE Potter, Carmine & Aaronson, P .A. DATE AND TIME
840 N. Union Street , Wilmington, DE 19899 I EDO?
I EI YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I DATE AND TIME E
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).
IssU _ FFIC R*s SIGN T E AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIEP OR DEPENDANT) DATE
g_ ,¤ Attorney for Plaintiff February 23, 2005
IssU1NG OFFICER’S NAME, ADDRESS AND PHONE NUMBER
Stephen B. Potter, Esquire _ _
840 N. Union Street
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
' If action is pending in district other than district of issuance, state district under case number.

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PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRHVT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the 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 Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(l) A party or an attomey responsible for the issuance and service of a trial be commanded to travel from any such place within the state in which the
subpoena shall take reasonable steps to avoid imposing undue burden or expense trial is held, or
on a person subject to that subpoena. The court on behalf of which the subpoena
was issued shall enforce this duty and impose upon the party or attomey in breach (iii) requires disclosure of privileged or other protected matter and
of this duty an appropriate sanction which may include, but is not limited to, lost no exception or waiver applies, or
eamings and reasonable attomey‘s fee. (iv) subjects a person to undue burden.
(2) (A) A person commanded to produce and permit inspection and copying (B) If a subpoena
of designated books, papers, documents or tangible things, or inspection of
premises need not appear in person at the place of production or inspection unless (i) requires disclosure of a trade secret or other confidential
commanded to appear for deposition, hearing or trial. research, development, or commercial information, or
(ii) requires disclosure of an unretained expert’s opinion or
(B) Subject to paragraph (d) (2) of this rule, a person commanded to information notdescribing specific events or occurrences in dispute and resulting
produce and permit inspection and copying may, within 14 days after service of from the expert’s study made not at the request of any party, or
subpoena or before the time specified for compliance if such time is less than 14 (iii) requires a person who is not a party or an officer of a party to
days after service, serve upon the party or attorney designated in the subpoena incur substantial expense to travel more than 100 miles to attend trial, the court
written objection to inspection or copying of any or all ofthe designated materials may, to protect a person subject to or affected by the subpoena, quash or modify
or ofthe premises. If objection is made, the party serving the subpoena shall not the subpoena, or, if the party in who behalf the subpoena is issued shows a
be entitled to inspect and copy materials or inspect the premises except pursuant substantial need for the testimony or material that cannot be otherwise met
to an order ofthe court by which the subpoena was issued. If objection has been without undue hardship and assures that the person to whom the subpoena is
made, the party serving the subpoena may, upon notice to the person commanded addressed will be reasonably compensated, the court may order appearance or
to produce, move at any time for an order to compel the production. Such an production only upon specified conditions.
order to comply production shall protect any person who is not a party or an
officer of a party from significant expense resulting from the inspection and (d) DUTIES IN RESPONDING TO SUBPOENA.
copying commanded.
(1) A person responding to a subpoena to produce documents shall produce
(3) (A) On timely motion, the court by which a subpoena was issued shall them as they are kept in the usual course of business or shall organize and label
quash or modify the subpoena if it them to correspond with the categories in the demand.
(i) fails to allow reasonable time for compliance, (2) When infomation subject to a subpoena is withheld on a claim that it is
(ii) requires a person who is not a party or an officer of a party to privileged or subject to protection as trial preparation materials, the claim shall
travel to a place more than 100 miles from the place where that person resides, be made expressly and shall be supported by a description of the nature of the
is employed or regularly transacts business in person, except that, subject to the documents, communications, or things not produced that is sufficient to enable
provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to the demanding party to contest the claim.
attend