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02540 (Form 2540 - Subpoena for Rule 2004 Feamuanon) (Page 3) <br />Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13) <br />(made applicable In bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure) <br />(c) Place of compliance. <br />(1) For n Trial, Hearing, or Deposition A subpoena may command a <br />person to attend a trial, hearing, or d eposinoo only as follows <br />(A) within 100 miles of where the person resides, is employed, or <br />regularly transacts business in person; or <br />(B) within the stare where the person resides, is employed, or regularly <br />transacts business m person, if the person <br />(i) is a party ora party's officer; or <br />(ii) is commanded to attend a foal and would not incur substantial <br />expense <br />(2) For OtherDisoowry A subpoena may command. <br />(A) prodrehon of documents, or electronically stored intonation, or <br />Bungs ata place within 100 miles of where the person resides, is employed, <br />or regularly transacts business in person; and <br />(13) inspection of premises, at the premises to be inspected. <br />(d) Protecting a Person Subject to a Subpoena; Enforcement. <br />(1) Avoiding Undue Burden or Expense, Sanctions A party or <br />attorney responsible for issuing and serving a subpoena must take <br />reasonable steps to avoid imposing undue burden or expense on a person <br />subject to the subpoena The court for the district where compliance as <br />required must enforce this duty and impose an appropriate 1000000 -- <br />which may include lost earnings and reasonable attomey's fees— on a <br />patty or otmmuy who fails to comply. <br />(2) Command to Produce Materials or Permit hnpection. <br />(A)Appearance Not Required A person commanded to produce <br />documents. electronically stored information, or tangible things, or to <br />pconit the irepecnon of premises, need not appear in person at the place of <br />production or inspection unless also commanded to appear for a deposition, <br />hearing. or trial. <br />(B) Objection. A person commanded to produce documents or tangible <br />things or to permit inspection may serve on the party or attorney designated <br />in the subpoena a written objection to impdxnng, copying, testing or <br />sampling any or all of the materials or to mspectmg the premises ---or to <br />producing electronically stored information in the form or forms requested. <br />The objection must be served before the earlier of the time specified for <br />compliance or 14 days after the subpoena is served. If an objection is made, <br />the following niles apply. <br />(i) At any lime, on notice to the commanded person, the serving party <br />may Hove the court for the district where compliance is required for an <br />order compelling production or inspection. <br />(ii) These acts may be required only as dirceted an the order, and the <br />order must protect a person who is neither a party nor a party's officer from <br />significant expense resulting from compliance. <br />(3) Quashing or Mod fymg a Subpoena <br />(A) When Required On tamely motion, the court for the district where <br />compliance is requeed must quash or modify a subpoena that <br />(i) fails to allow a reasonable enc to comply, <br />(u) requires a person to comply beyond the geographical lints <br />specified m Rule 45(c); <br />(iii) requnro disclosure of privileged or other protected matter, if no <br />exception or waiver apishcs, or <br />(iv) subjects a person to undue burden <br />(01 When Permuted To protect a person subject to or affected by a <br />subpoena, the court for the Burnet where compliance is required may, on <br />moven, quash or modify the subpoena if it requires. <br />(i) disclosing a trade secretor otter confidential research, <br />development, or commercial information; or <br />(ii) disclosing an tuuetamed expert's opinion or information that does <br />not dcw:nbe specific occurrences m dtspine and results from the expert's <br />study that was not requested by a party. <br />(C) Spec fvrng Concbtmns as an Alternative In the circumstances <br />described in Rule 45(dX3XB), the court nay, instead of quashing or <br />modifying a subpoena, order appearance or producnoa under specified <br />conditions of the serving party <br />(a) shows a substantial need for the testimony cc material that cannot <br />be otherwise met without undue hardship, and <br />(u) ensures that the subpoenaed person will be reasonably <br />compensated <br />(e) Dudes In Responding to a Subpoena. <br />(1) Producing Documents or E/ectmnicallp Stored Inforirianon Throve <br />procedures apply to producing documents or electronically stored <br />infannabom <br />(A)Documents A person responding to a subpoena to produce <br />documents must produce them as they arc kept in the ordinary course of <br />busmess or must organ ee and label them to correspond to the categories nn <br />the demand <br />(B) Form for Producing Electronically Stored rnjormotion Not <br />Specified tf a subpoena does not specify a form for producing <br />electronically stored information, the person responding must produce it in <br />a form or fomes m wtuch n is orduariy maintained or in a reasonably <br />usable tam or forms <br />(C) Electronically Stored Information Produced in Only One Form The <br />person responding reed not produce the satire olmtronrcally stored <br />mfontsatton in more than one form <br />(D) Inaccessible Electronically Stored Information The person <br />responding need not provide dseovery of electronically stored information <br />from sources that the person identifies as not reasonably accessible because <br />of undue burden or cost. On motion to compel discovery or fora protective <br />order, the person responding must 45000 that the information is not <br />reasonably accessible because of undue burden or cost. lfthat showing Is <br />made, the coat may nonetheless order discovery from such sources if the <br />requesting party shows good cause, considenng the limitations of Rule <br />26(bg2XC) The court may specify conditions for the discovery. <br />(2)Claiming Pnvi! ge or Protection <br />(A) Information W rhheld A person withholding subpoenaed <br />information under a claim that a as pnvsleged or subject to protection as <br />tnal-preparatron material must. <br />(t) expressly make the claim amt <br />(0) describe the mime of the withheld documents, communications, <br />or tangible things in a tamer that, without revealing ioformatton itself <br />privileged or protected, will enable the partes to assess the claim <br />(B) Information 1"raduref If information produced in response to a <br />subpoena is subject to a claim of privilege or of protection as ttal- <br />prcparation material, the person making the claim may notify any party that <br />received the information of the claim and the bass for it. After being <br />notified, a party must promptly return, sequester, or destroy the specified <br />Information and any copies at has, must not use or disclose the information <br />18001 the claim is resolved must take reasonable steps to retrieve the <br />information 0 the patty disclosed it before being notified; and may <br />promptly present the Information under seal to the court for the district <br />where compliance is required fora determmation of the claret The person <br />who produced the information most preserve the informahoa until the clams <br />is resolved <br />(g) Contempt. The court for the district where compliance is required - and <br />also, after a motion is transferred, the swing court - may hold In contempt <br />a person who, having been saved, fails without adequate excuse to obey <br />the subpoena or an order related to n <br />For access to subpoena natertals, son Fed R Cry P 45(a) Cormmmee Note (2013) <br />B2540 (Form 2540- Subpoena for Rule 2004 Psemmaaon) ((2/15) <br />UNITED STATES BANKRUPTCY COURT <br />District of Colorado <br />In re RED ARROW GOLD CORPORATION, INC <br />Debtor <br />Case No 15-18720-TBM <br />Chapter 11 <br />SUBPOENA FOR RULE 2004 EXAMINATION <br />To: Kate Pickford, Inspector, DRMS, 1313 Sherman Street, #215, Denver, CO 80203 <br />(Name of person to whom the subpoena is directed) <br />® Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at an examination <br />under Rule 2004, Federal Rules of Bankruptcy Procedure A copy of the court order authorizing the examination is attached. <br />PLACE <br />Buechler Law Office, L.L.C. <br />1621 18th Street, Suite 260 <br />Denver, CO 80202 <br />DATE AND TIME <br />Wednesday, February 3, 2016 <br />9.00 a.m. <br />The examination will be recorded by this method: certified court reporter authorized to administer oaths by sten <br />® Production: You, or your representatives, must also bring with you to the examination the following documents, <br />electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material. <br />See Exhibits A and B attached hereto. <br />The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R Banka. P. 9016, are <br />attached— Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a <br />subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of not <br />doing so. <br />Date: January 5, 2C <br />CLERK OF COURT <br />OR <br />Signature of Clerk or Deputy Clerk Attorney's signature <br />The name, address, email address, and telephone number of the attorney representing (name ofparty) <br />Red Arrow Gold Corporation , who issues or requests this subpoena, are: <br />Notice to the person who issues or requests this subpoena <br />if this subpoena commands the production of documents, electronically stored information, or tangible things, or the <br />inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it is served on <br />the person to whom it is directed. Fed. R. Civ. P. 45(a)(4) <br />