Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv-01391-JJF Document 43-2 Filed 08/16/2006 Page 1 of 2
AO88 (Delaware Rev. 7/00) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Timothy Ward, SUBPOENA IN A CIVIL CASE
Plaintiff,
V•
First Correctional Medical, et al.
Case Number? 04-1391 KAJ
Defendants.
TO: Kent General Hospital/Bayhealth Medical Center
Attn: Medical Records Department
640 South State Street
Dover, DE 19901 (302) 744-7060
1] YOU ARE COMMANDED to appear in the United State District court at the place, date, and time specified below to
testify in the above case,
PLACE or TESTIMONY I CouRTRooM
I DATE AND TIME
I] 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 or DEPOSITION I DATE AND rn/rE
I YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below: A copy of any and all medical records, fact sheets, discharge summary history,
physical examination, physician’s(s’) notes, consultations, operations, pathology reports, emergency room reports, clinical
laboratory ECG and MRI reports, CT scan reports, x-ray reports, physician’s(s’) orders, physical therapy records,
specifically including those records maintained by First Correctional Medical and any other information in your
possession concerning: Timothy Ward, SBI # 501898
PLACE McCullouh & MeKenty DATE AND TIME
1225 N. King Street, Suite 1100 August 22, 2006 at 2:00 p.m.
Wilmin on DE 19899
D YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
promises I DATE AND rim
Any organization not a party to this suit that is subpoenaed for the taking of a 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 testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING orrrcerrs SIGNATURE AND nm; (rNDrcArE rr ATTORNEY ron PLAINTHIF on DEFENDANT) DATE
/s/ Dana Spring Monzo, Esquire August 8, 2006
rssurNG orrrcaivs NAME, ADDRESS AND PHONE NUMBER (302) 655-6749
Dana Spring Monzo, Esquire,
McCullough & McKenty, 1225 N. King Street, Suite 1100, P.O. Box 397, Wilmington, DE 19899, Attomeys for Defendant FCM
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
'. lf action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv-01391-JJ F Document 43-2 Filed 08/16/2006 Page 2 of 2
AO88 (Delaware Rev. 7/O0) Subpoena in a Civil Case

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 perj ury 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, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTIOON OF PERSONS SUBJECT TO SUBPOENAS.
attend trial be commanded to travel from any such place within the state in which
(I) A party or an attorney responsible for the issuance and service of a the trial is held, or
subpoena shall take reasonable steps to avoid imposing undue burden or expense
on a person subject to that subpoena. The court on behalf of which the subpoena (iii) requires disclosure of privileged or other protected matter and
was issued shall enforce this duty and impose upon the party or attorney in no exception or waiver applies, or
breach of this duty an appropriate sanction which may include, but is not limited (iv) subjects a person to undue burden.
to, lost earnings and reasonable attomey’s fee.
(B) If a subpoena
(2) (A) A person commanded to produce and permit inspection and
copying of designated books, papers, documents or tangible things, or inspection (I) requires disclosure of a trade secret or other confidential
of premises need not appear in person at the place of production or inspection research, development, or commercial information, or
unless commanded to appear for deposition, hearing or trial. (ii) requires disclosure of an unretained expert’s opinion or
information not describing specific events or occurrences in dispute and resulting
(B) Subject to paragraph (d)(2) of this rule, a person commanded to from the expert’s study made not at the request of any party, or
produce and permit inspection and copying may, within 14 days after service of (iii) requires a person who is not a party or an officer of a party to
subpoena or before the time specified for compliance if such time is less than 14 incur substantial expense to travel more than IOO miles to attend trial, the court
days after service, serve upon the party or attomey designated in the subpoena may, to protect a person subject to or affected by the subpoena, quash or modify
written objection to inspection or copying of any or all ofthe designated the subpoena, or, if the party in whose behalf the subpoena is issued shows a
materials or of the premises. If objection is made, the party serving the subpoena substantial need for the testimony or material that cannot be otherwise met
shall not be entitled to inspect and copy materials or inspect the premises except without undue hardship and assures that the person to whom the subpoena is
pursuant to an order of the court by which the subpoena was issued. If objection addressed will be reasonably compensated, the court may order appearance or
has been made, the party serving the subpoena may, upon notice to the person production only upon specified conditions.
commanded to produce, move at any time for an order to compel the production.
Such an order to comply production shall protect any person who is not a party or (d) DUTIES IN RESPONDING TO SUBPOENA.
an otiicer of a party Som signihcant expense resulting from the inspection and
copying commanded. (l) A person responding to a subpoena to produce documents shall produce
them as they are kept in the usual course of business or shall organize and label
(3) (A) On timely motion, the court by which a subpoena was issued shall them to correspond with the categories in the demand.
quash or modify the subpoena if it:
(2) When infonrration subject to a subpoena is withheld on a claim that it is
(I) fails to allow reasonable time for compliance; privileged or subject to protection as trial preparation materials, the claim shall be
(ii) requires a person who is not a party or an officer of a party to made expressly and shall be supported by a description of the nature ofthe
travel to a place more than l00 miles tirom the place where that person resides, is documents, communications, or things not produced that is suliicierrt to enable the
employed or regularly transacts business in person, except that, subject to the demanding party to contest the claim.
provisions of clause (c)(3)(B)(iii) of this rule, srrch a person may in order to