Free Subpoena - District Court of Delaware - Delaware

Case 1 :04-cv-00175-JJF Document 108 Filed 08/30/2006 Page 1 of 2
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Issued by the
UNtTat> States Distinct Count
S E $&El L _ I DISTRICT OE DELAWARE
SUBPOENA IN A CIVIL CASE
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YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specihed below
testify in the above case. ·
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El YOU ARE CONIMANDED to appear at the place, date, and time specified below to testify at the taking ofa deposition
in the above case.
piaca or DEPOSITION b . u mia
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[l YOU ARE COMIVIANDED to produce and pennit inspection and copying ofthe follow` g do uments ai”E>`Ej”5EE'§'§T`fHe
place. date, and time specified below (list documents or objects); _ __ _
»‘*·l.t'l.¥ Ji O EUIQE
_ t2tst.¤aict· na i n
PLACE DATE .»\ND®IE.-Q_ `
lj YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
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Any organization not a party to this suit that is subpoenaed for the taking ofa 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 testity Federal Rules ot`Civi| Procedure, 30(b)(6).
tssttxg,»>arrtc)aiz~s yon) na mo rrria (INDICATE ta At}re.anav aotzfigtarnrtrr oa DEFENDANT) DATE /-5
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tSee Rule 45. Federal Rules ot`ClviI Procedure. Parts C & D on next paget
‘ lfaciion is pending in district other than district ofissuance. state district under case number.

Case 1 :04-cv-00175-JJF Document 108 Filed 08/30/2006 Page 2 of 2



PROOF OF SERVICE

D.ATE PLACE
SFRVED

SERVED ON(PRfNT NAME) lvlANi\'ER 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 infonnation
contained in the Proof of Service is true and correct.
E ;__ _ _ __ A Adv
EX€Cl1I€d OH C. 7 _.· - J " f
DATE . t.$RlT. t ” VER . _.
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ADDRESS OF SERVER /9 ,_
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Rule 45. Federal Rules ofCivil Procedure Pans C & D; J; F C. _
pf ji
ici PROTECTION OF PERSONS SLBJECT TO SLTBPOENAS. " P { "
tl) A patty or an attorney responsible for the issuance and scrvicc of a 1:EaI be commanded to travel from any such place within the state in which the
subpoena shall take reasonable steps to avoid imposzng undue burden or expense trial is held, or
on a person subject to that subpoena. The court on behalfofwhich the ~u‘:pocna
was issued shall enforce this duty and impose upon the party or attomcy in breach (iii) requires d·scLosurc cfprivilcged or other protected matter and
ofthis duryan appropriate sanction which may include. but is not limited to. lost no exception or waiver applies. or
earnings and reasonable artomeys fee. (iv) subjects a person to undue burden.
(2) (A) A person commanded to produce and pemit inspection and copying (B) lfa subpoena
of dcs:gnatcd books. papers. documents or tangible things. or inspection of
premcses need notappeartn person atthe place ofproduction orinspection unless (i) requires disclosure of a trade secret or other confidential
cornntartded to appear for deposition. hearing or trial. research, development. or commercial infomation. or
(ti) requires disclosure of an unretained cxpen’s opinion or
(B) Subject to paragraph (d) (1) of this rule. a person commanded to infomation not describing specific events or occurrences in dispute and resulting
produce and pemit inspection and copying may. within I4 days after service of from the cxpert’s study made not at the request ofany pany. or
subpoena or before the time spccihed for compliance ifsuch titnc is less than I-I (iii) requires a person who is not a parry or an ofhccr ofa pany to
days after service, scrve upon the parry or attomey designated in the subpoena incur substantial expense to travel more than IOO miles to attend trial. the coun
ritten objection to inspection or copying ofany or all ofthe designated materials may. to protect a person subject to or affected by the subpoena. quash or modify
or ofthe premises. lfobjection is made, the parry servtngthc subpoena shall not the subpoena. or, if the parry 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 matcrial that cannot he otherwise met
to an order ofthe coun by which the subpoena was issued. lfobjectton has been without undue hardship and assures that the person to whom the subpoena is
made. thc partyscrving the subpoena may. upon notice tothe person commanded addressed will bc reasonably compensated. thc coun 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 parry or an .
offcer of a parry from significant expense resulting from the inspection and td) DIJTZES RESPONDING TO SUBPOENA.
copy zng contrnanded.
‘ (I I A person responding to a subpoena to produce documents shall produce
ti) (A) On timely motion. the coun by which a subpoena was issued shall them as they are kept in the usual course ofbusiness 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. (1) \\/hen information subject to a subpoena is withheld on a claim that it is
(ii) rcqtitres a person who is not a party or an officer ofa pany to prix ilcged or subject to protection as trial preparation materials. the claim shall
travel to a place more than IOO miles from the place where that person resides. be made expressly and shall be supponed by a description ofthe nature ofthe
is employed or regularly transacts business in person. except that. subject to the documents. communications, or things not produced tltat is sufficient to enable
provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to the demanding parry to contest the claim.
attend

Case 1:04-cv-00175-JJF

Document 108

Filed 08/30/2006

Page 1 of 2

Case 1:04-cv-00175-JJF

Document 108

Filed 08/30/2006

Page 2 of 2