Free Notice of Deposition - District Court of Arizona - Arizona

AO88 (Rev 1/4 . 9 )Subpoena in a Civ Case il

Issued by the

UNITED STATES DISTRICT COURT
WESTERN STU DVORET

DISTRICT OF

PENNSYLVANIA

S UBPOENA IN A CIVIL CAS E Case Number:1 CV 03-2133 PHX EHC

V.
MARICOPA COMMUNITY COLLEGES

TO: BRIAN JOHNSON

t ourt ac ified bel to ow G YOU ARE COMMANDED to appear in the United States Distric c at the pl e, date, and time spec testify in the abov c e ase.
PLACE OF TESTIMONY COURTROOM

DATE AND TIME

ac ified bel to testify at the tak of a deposition ow ing G YOU ARE COMMANDED to appear at the pl e, date, and time spec in the abov c e ase.
PLACE OF DEPOSITION

Phoenix, AZ -- telephonic at 3:30 p.m. EST. Toll-free dial-in number is 888-508-3709; participant passcode 842427

DATE AND TIME

1/25/2006 3:30 pm

e tion opying of the fol l owing doc uments or obj ts at the ec G YOU ARE COMMANDED to produc and permit inspec and c pl e, date, and time spec ac ified bel (l doc ow ist uments or obj ts) ec :

PLACE

DATE AND TIME

tion l owing premises at the date and time spec ified bel ow. G YOU ARE COMMANDED to permit inspec of the fol
PREMISES DATE AND TIME

Any organiz ation not a party to this suit that is subpoenaed for the tak of a deposition shal designate one or more offic ing l ers, direc tors, or managing agents, or other persons who c onsent to testify on its behal and may set forth, for eac person designated, f, h the matters on whic the person wiltestify. Federal es of Civ Proc h l Rul il edure, 3 (b) ) 0 (6 .
ISSUING OFFICER' SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE S

1/17/2006
ISSUING OFFICER' NAME, ADDRESS AND PHONE NUMBER S

Steven L. Evans, 322 W. Roosebelt St., Phoenix, AZ 602-288-3325 Attorney for Plaintiff
(See Rul 4 , Federal es of Civ Proc e 5 Rul il edure, Parts C & D on nex page) t
1

If ac is pending in distric other than distric of issuanc state distric under c number. tion t t e, t ase

Case 2:03-cv-02133-VAM

Document 54

Filed 01/17/2006

Page 1 of 2

AO88 (Rev. 1/94) Subpoena in a Civil Case

PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT 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 SUBJ ECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense 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 attorney in breach of this duty an appropriate sanction which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection and copying 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 commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of 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 materials or inspect the premises except pursuant to an order of the court by which the subpoena 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 to compel the production. Such an 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 copying commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall 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. (B) If a subpoena (i) requires disclosure of a trade secret or other 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 (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in who behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall 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. (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 shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the mmmdemanding party to contest the claim.

Case 2:03-cv-02133-VAM

Document 54

Filed 01/17/2006

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