Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :04-cv-01391-JJF Document 25 Filed 12/12/2005 Page 1 of 2 g il
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AO88 {Delaware Rev. 7/00) Subpoena in a Civil Case M

Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
TIMOTHY WARD SUBPOENA IN A CIVIL CASE
V.
STANLEY TAYLOR; PAUL HOWARD; Case Number:] 04-el;391(KAJ)
THOMAS CARROLL; JOHN SALAS;
JESSICA DAVIS—BARTON; CERTAIN
UNKNOWN INDIVIDUAL EMPLOYEES OF
THE STATE OF DELAWARE DEPARTMENT
OF CORRECTION; and STATE OF DELAWARE
DEPARTMENT OF CORRECTION,
TO: Correctional Medical Services of Delaware, Inc.
l20l College Park Drive, Suite l0I, Dover, Delaware 19904
=-5 YOU ARE COMMANDED to appear in the United States District Court at the place, date and
time specified below to testify in the above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME
*And continuing thcreajierfrorn hour to hour and day to day until completion of your testimony.

QI YOU ARE COMMANDED to appear at the place, date and time specified below to testify at t.he
taking of a deposition in the above case.
PLACE OF DEPOSITION DATE AND TIME
-
;Â¥ 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):
All medical records of Timothy Ward for the last 30 days.
PLACE DATE AND TIME
The Law Offices of Margolis Edelstein 10:00 a.n1. December I6, 2005

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

Any organization not a party to this suit that is subpoenaed for the taking ofa 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 OFFICER? _ `JNATURE AN TITLE (INDICATE IF ATTORNEY FOR PLAINTEFF OR DEFENDANT) AW DATE
. -·· I l nn fl i
ESSUING FFIC B ` 'NAME,` D RESS AND PHONE NUMBER F I I l
Jeffrey K. Ma tin, Esquire (#2407) 302-777-4680
Margolis Edelstein
l509 Gilpin Avenue
Wilmington, Delaware l9S06


Case 1 :04-cv-01391-JJF Document 25 Filed 12/12/2005 Page 2 of 2
PROOF OF SERVICE
DATE PLACE
SERVED
]2f[)7,/Q5 1201 COLLEGE PARK DR
DOVER, DE

smveo on (emu Name) MM~lNi3R OF SERVTCE
ACCEPTED BY .`
oonnecrrowm. MEDICAL sntavrces ROBERT HOOPER

SERVED BY (Print Name) TYTLE
GRANVILLE MORRIS PHVEIIE Process S€l‘V€l`
. DECL/tRA'l`lON OP SERVER
I declare under penalty ofperjury under the law ofthe Slate of Delatware that the lbregoing ittformntion contained in the l"rool`0t` Service is lruc
and correct, _
,..//"F M &__4
* »’ ,,,M»··n""
-g?‘”`”`NW
Executed on: lg,/()7,*()5 ” ‘
SI(.lNA'l`URl.i OF SERVER
BRANDYWINE PROCESS SERVERS, LTI).
P. O. BOX I 360
WILMINGTON, Dlcl l9S99—l36O
(302) Q75 - 2600
Superior Court Civil Rule 45, Parts C`, T) & E*
(rs) Protection r2fPers0n.r .mfye·c.·‘ .*0 Szrbpoenus
(I) A party ur an attorney responsible for the issuance und (B) Il`a subpoena
service of E1 subpoena shall tuke reasonable steps to evoid imposing ti) requires disclosure ofa trade secret or other confidential
under burden or expense on e person subject to that subpoena, The reeaeztrclr, development, or commercial information, or
Curt shall enforce this duty and impose upon the party or attorney in (ii) requires disclosure ol` nn unrctnined expert‘s opinion or
breach ofthis duty an appropriate sanction; which may include, but is information not describing speeitic events or occurrences in
not limited to, lost earnings and a reasonable attorneys fee. dispute and resulting from the expert's study mude not ut the
request ot`anj.= party,
(2)(A) A person commanded to produce and permit inspection
and copying ofdesiguated hoo]-cs, papers, documents or tangible things the Court may, to protect at person subject to or t1l’l`ceted by the
or inspection of premises need not appear in person at the place of subpoena, quash or modify the subpoena or, it` the panty in whose behalf
production or inspection unless commanded to appear lor deposition, the subpoena is issued sliows a substantial need for the testimony or
hearing or trial. material that cannot be otherwise met without undue hardship und
(B) Subject to paragraph (d)(2) ofthis rule a person assures that the person to whom the subpoena is addressed will be
commanded to produce and permit irispeetion and copying may, reasonably compensated, the Court may order appearance or production
within 14 days alter service ofthe subpoena or before the time only upon specified conditions.
specified for eomplizxnce ifsuch time is less than 14 days after
service, serve upon the party or attorney designated in the subpoena (Cl) Duties in Responding to Subpaena.
written objection to inspection or copying of any or all ofthe
designated materials or of the premises. lfobjection is made, the (I) A person responding to 2. subpoena to produce documents
party serving the subpoena shall not be entitled to inspect amd eopy shall produce them ars they ure kept in the usual course of business or
the materials or inspect the premises except pursuant to an order of shell organize and label them to correspond with the eutcgories in the
the Court. lf objection has been made, the panty serving the subpoena r_lgm;md_
nitty, upon notice to the person commanded to produce. move at any (2) When inforriration subject to a subpoena is withheld on a claim
time for nn order to compel the production. Such nn order to eompel that it is privileged or subject to protection as trial preparation materials,
pTOdllC[lOl'l shall DTOIECI Hfly |]B[‘SOl’l who is NUI El pzlliy OT itil Ol·llCCI‘ of [hg; glgim ghgll bg made; qgxprgggly and Shall bi; Supported by 3 (j€5q_;rip[j()n
H Dilfly from Si§11iYl¤H11l CXIJCHSG f€Sl1lfi¤g from lh€ i11SQ€Cti0¤ wld ofthe nature ot` the documents, commttnicatioiis, or things not produced
copying cotnmanded. thai is sufficient to enable thc demanding party to contest the claim.
(3)(A) On timely motion, the Court shall quash or modify the (e) Contemp!.
subpoena il` it
(i) fails to allow reasonable time l`or enmplianeei Failure by any person without adequate excuse to obey at subpoena
(ii) requires diseiosure of privileged or other protected served upon that person may be deemed eentempt ot·`eourt,
matter and no exception or waiver applies, or
(iii) subjects a person to undue burden.