Free Subpoena in a case under the Bankruptcy Code - Mississippi

B256 (11/91) Subpoena in a Case under the Bankruptcy Code

United States Bankruptcy Court
DISTRICT OF

In re

SUBPOENA IN A CASE UNDER THE BANKRUPTCY CODE
Case No. Debtor Chapter

To:

9 YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place, date, and time specified below to testify in the above case.
PLACE DATE AND TIME COURTROOM

9 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
PLACE
DATE AND TIME

9

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

DATE AND TIME

9

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
DATE AND TIME

PREMISES

Any subpoenaed organization not a party to this proceeding case 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 testify, Fed.R.Civ.P. 30(b)(6) made applicable to this proceeding by Rule 7030, Fed.R.Bankr.P. See Rules 1018 and 9014, Fed.R.Bankr.P.
ISSUING OFFICER SIGNATURE AND TITLE DATE

ISSUING OFFICER'S NAME, ADDRESS, AND PHONE NUMBER

B256 (11/91) Subpoena in a Case under the Bankruptcy Code

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, Fed.R.Civ.P., Parts (c) & (d) made applicable in cases under the Bankruptcy Code by Rule 9016, Fed.R.Bankr.P. (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (1) A party or an attorney responsible for the issuance and service of (iii) requires disclosure of privileged or other protected a subpoena shall take reasonable steps to avoid imposing undue burmatter and no exception or waiver applies, or den or expense on a person subject to that subpoena. The court on (iv) subjects a person to undue burden. 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 (B) If a subpoena sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (2) (A) A person commanded to produce and permit inspection and (ii) requires a disclosure of an unretained expert's opinion copying of designated books, papers, documents or tangible things, or or information not describing specific events or occurrences inspection of premises need not appear in person at the place of proin dispute and resulting from the expert's study made not at duction or inspection unless commanded to appear for deposition, the request of any party, or hearing or trial (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 (B) Subject to paragraph (d)(2) of this rule, a person commanded to miles to attend trial, the court may, to protect a person subproduce and permit inspection and copying may, within 14 days after ject to or affected by the subpoena, quash or modify the service of the subpoena or before the time specified for compliance if subpoena or, if the party in whose behalf the subpoena is is such time is less than 14 days after service, serve upon the party or sued shows a substantial need for the testimony or material attorney designated in the subpoena written objection to inspection or that cannot be otherwise met without undue hardship and copying of any or all of the designated materials or of the premises. If assures that the person to whom the subpoena is addressed objection is made, the party serving the subpoena shall not be entitled will be reasonably compensated, the court may order a pto inspect and copy the materials or inspect the premises except purpearance or production only upon specified conditions. suant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon (d) DUTIES IN RESPONDING TO SUBPOENA. notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production (1) A person responding to a subpoena to produce docushall protect any person who is not a party or an officer of a party from ments shall produce them as they are kept in the usual court of bus isignificant expense resulting from the inspection and copying comness or shall organize and label them to correspond with the categomanded. ries in the demand. (2) When information subject to a subpoena is withheld on a (3)(A) On timely motion, the court by which a subpoena was issued claim that it is privileged or subject to protection as trial preparation shall quash or modify the subpoena if it materials, the claim shall be made expressly and shall be supported by (i) fails to allow reasonable time for compliance; a description of the nature of the documents, communications, or (ii) requires a person who is not a party or an officer of a things not produced that is sufficient to enable the demanding party to party to travel to a place more than 100 miles from the place contest the claim. 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