|
B2540 (Form 2540- Subpoena for Rule 2004 Exa unanon) (Page 2)
<br />PROOF OF SERVICE
<br />(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
<br />I received this subpoena for (name of mdivulual and tale, ifany):
<br />on (date)
<br />❑ i served the subpoena by delivenng a copy to the named person as follows:
<br />on (date)
<br />; Or
<br />❑ I returned the subpoena unexecuted because:
<br />Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, l have also tendered to the
<br />witness the fees for one day's attendance, and the mileage allowed by law, in the amount of $
<br />My fees are $
<br />Date:
<br />for travel and $
<br />for services, for a total of $
<br />I declare under penalty of perjury that this information is true and correct.
<br />Server's signature
<br />Printed Warne and bale
<br />Server's address
<br />Additional information concerning attempted service, etc.:
<br />02540 (Form 2540- Subpoena for Rule 2004 Esanunanoo) (Page 3)
<br />Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)
<br />(made appllcable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)
<br />(c) Place of compliance.
<br />(1) Fora Trial, }tearing or Deposition A subpoena may command
<br />person to attend a trial, beanng, or deposition only as follows.
<br />(A) within 100 mules of where the person resides, s employed, or
<br />regularly transacts business in person; or
<br />(B) within the state where the person resides, is employed. or regularly
<br />transacts business m person, if the person
<br />(n) ns a party ora party's officer: or
<br />(u) is commanded to attend a trial and world not incur substantial
<br />expense.
<br />(2) For Other Discovery A subpoena may carmand:
<br />(A) production of documents, or electronically stored information or
<br />things ata place within 100 utiles of where the person resides, is employed,
<br />or regularly transacts business ne person; and
<br />(13) inspection of p1000150591 the premises to be inspected.
<br />(d) Protecting a Person Subject to a Subpoena; Enforcement.
<br />(1) Avoiding Undue Burden orEspenre, Sanctions. A party or
<br />attorney responsible for issmng and serving a subpoena trust take
<br />reasonable steps to avoid imposing undue badeo or expense on a person
<br />subject to the subpoena The coat for the district when compliance is
<br />required must enface this duty and impose an appropriate sanction—
<br />which may include lost earnings and reasonable attomoy's fees— on a
<br />party or attorney who Oslo to comply
<br />(2) Command am Produce Materials or Permit Inspection
<br />(A) Appearance Nal Required A person commanded to produce
<br />documents, electronically stored mformanon, or tangible things, or to
<br />permit the inspection of premises, need not appear te person at the place of
<br />production or inspection unless also commanded to appear for a deposition,
<br />heanng, or trial
<br />(B) Objection. A person commanded to produce documents or tangible
<br />thmgs or to permit i specaon may serve on the party or attorney designated
<br />in the subpoena a written objection to inspecting, copying, testing or
<br />sampling any or all of the materials or to inspecting the premises -- or to
<br />producing electronically stored information m the form or forms requested.
<br />The objection must be serval before the earlier of the time specified for
<br />compliance or 14 days after the subpoena is served If an objection s made,
<br />the following roles apply:
<br />(m) At any time, on notice to the commanded person, the serving party
<br />may move the court for the district where oomphaoce is required for an
<br />oder compelling production or inspection.
<br />(ii) These acs may be required only as directed in the order, and the
<br />order must protect 4 person who is neither a party nor a party's officer from
<br />significant expense resulting from compliance.
<br />(3) Quashing or Afod jymg a ,Subpoena
<br />(A) *then Required On timely motion, the court for the district where
<br />compliance Is required must quash or modify a subpoena that:
<br />(u) falls to allow a reasonable time to comply:
<br />(u) requires a person to comply beyond the geographical toms
<br />specified m Rule 45(c);
<br />(m) requires disclosure ofpnvtleged or other protected matter, if no
<br />exception or waiver applies; or
<br />(,v) subjects a person to undue burden
<br />(B) When Permitted To protect a person subject to or affected by a
<br />subpoena, the court for the district where compliance is required may, on
<br />motion. quash or modify the subpoena du requires.
<br />(i) disclosing a trade secreta other confidential research,
<br />development. or commercial information, or
<br />(0i) dusclosmg an unretamed expert's opinion or information that does
<br />not describe spectra occurrences m dispute and results from the expert's
<br />study that was not requested by a party
<br />(C) Specifying Conditions (IS nn Alternative In the circumstances
<br />described in Rule 45(dX3)(B), the court may, instead of quashing or
<br />modifying a subpoena, order appearance or production under specified
<br />conditions if the serving party
<br />(r) shows a substantial Deed for the testimony or 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) Duties in Responding to a Subpoena.
<br />(1) Producing Documents or RlecuonicalB Stared Information These
<br />procedures apply to producing documents or electronically stored
<br />information:
<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 />business or must organize and label than to correspond to the categories in
<br />the demand.
<br />(B) Form for Producing Electronically Stored Information Not
<br />Specified If subpoena does not specify a form for producing
<br />electronically stored information, the person responding must produce it in
<br />a form or forms m which n s ordinarily maintained or in a reasonably
<br />usable form or forms
<br />(C) Electronically Stored Information Produced in Deb: One Form The
<br />person responding need not produce the same electronically stored
<br />information m more than one form.
<br />(D)Inaocssib/eElectronically Stored Information The person
<br />respodrng need no provide discovery of electronically stored information
<br />from sources that the person ulennfis as not reasonably accessible because
<br />of undue burden or cost. On notion to compel discovery or fora protective
<br />order, the person respodmg must show that the information is not
<br />reasonably accessible because of undue burden or cost If that strewing is
<br />made, the court may nonetheless order discovery from such sources if the
<br />requesting party shows good cause, coosdenng the limitations of Rule
<br />26(bx2NC) The court may specify conditions for the discovery
<br />(2) Clanung Pmaloge or Protection
<br />(A)/ f rnaanon Withheld Aperson withholding subpoenaed
<br />information under a claim that it 15 privileged or subject to protection as
<br />tial-prepartion material must.
<br />(t) expressly make the claim; and
<br />(nn) describe the nature of the withheld documents, eonmnumeanons,
<br />a taaguble things in a manner that, without revealing information itself
<br />privileged or proueted, will enable the panes to assess the claim
<br />(Si Information Produced If mnfomation produced m response to a
<br />subpoena is subject to a claim of privilege or of protection as trial -
<br />preparation material, the person making the claim may notify any party that
<br />received the information of the clam and the basis for it After being
<br />notified, aparty must promptly return, sequester, or destroy the specified
<br />information and any copies n has, most not use or disclose the information
<br />until the claim is resolved, must take reasonable steps to retrive the
<br />information if the party disclosed it before being nofied, and may
<br />promptly present the information under seal to the court for the district
<br />where compliance is required fora determination of rte claim. The person
<br />who produced the information must preserve the information until the clams
<br />us resolved
<br />(g) Contempt. The tort for the district where compliances regmred - and
<br />also, after a motion is transferred. the awing court- may bold m contempt
<br />a person who, having been served, fails without adequate excuse to obey
<br />the subpoena or an order related to it
<br />For access to subpoaia =tone's, see Fed R Civ P 45(a) Committee Note (2013)
<br />
|