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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 />
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