Free Subpoena - District Court of Delaware - Delaware

Case 1:04-cv-01205-SLR

Document 59

Filed 12/21/2005

Page 1 of 2

AO 88 (D elaw are R ev. 7/00) Subpoena in a C ivil C ase

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE Jeffrey Alonzo Simms, Plaintiff, V. Harry M. Freeman, M.D., et al.,
Defendants.
TO: Delaware Correctional Center 1181 Paddock Road, Smyrna, DE 19977 j Department of Corrections Bureau Chief Joyce Talley 245 McKee Road, Dover, DE 19904 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 .
C O U R TR O O M

SUBPOENA IN A CIVIL CASE

Case Number:1 04-1205-SLR

G

PLAC E O F TESTIM O N Y

D ATE AN D TIM E

G

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.
D ATE AN D TIM E

PLAC E O F D EPO SITIO N

#

YOU ARE COMMANDED to produce and permit inspection and copying of the 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: Jeffrey Alonzo Simms SBI # 198625
D ATE AN D TIM E

PLAC E

McCullough & McKenty 1225 N. King Street, Suite 1100 Wilmington, DE 19899

January 5, 2006 at 2:00 p.m.

G

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
D ATE AN D TIM E

PR EM ISES

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).
ISSUIN G O FFIC ER 'S SIG N ATU R E AN D TITLE (IN D IC ATE IF ATTO R N EY FO R PLAIN TIFF O R D EFEN D AN T) D ATE D ecember 21, 2005

/s/ Dana M. Spring, Esquire , Attorneys for R oberta F. Burns, M .D .

ISSUIN G O FFIC ER 'S N AM E, AD D R ESS AN D PHO N E N U M BER D ana M . Spring, Esquire, M cC ullough & M cKenty, 1225 N . King Street, Suite 1100, P.O . Box 397, W ilmington, D E 19899, Attorneys for D efendant R oberta F. Burns, M .D .

(302) 655-6749

(See R ule 45, Federal R ules of C ivil Procedure, Parts C & D on next page)

1

. If action is pending in district other than district of issuance, state district under case number

.

Case 1:04-cv-01205-SLR
AO88 (Delaware Rev. 7/00) Subpoena in a Civil Case

Document 59

Filed 12/21/2005

Page 2 of 2

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, Federal Rules of Civil Procedure, Parts C & D:
(c) PR O TEC TIO 0N O F PERSO N S SUB JEC T TO SU BPO EN AS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of w hich the subpoena w as issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction w hich may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, w ithin 14 days after service of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena w ritten objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy materials or inspect the premises except pursuant to an order of the court by w hich the subpoena w as issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to comply production shall protect any person w ho is not a party or an officer of a party from significant expense resulting from the inspection and c opying commanded. (3) (A) O n timely motion, the court by w hich a subpoena w as issued shall quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance; (ii) requires a person w ho is not a party or an officer of a party to travel to a place more than 100 miles from the place w here 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 in order to attend trial be commanded to travel from any such place w ithin the state in w hich the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or w aiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person w ho is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in w hose behalf the subpoena is issued show s a substantial need for the testimony or material that cannot be otherw ise met w ithout undue hardship and assures that the person to w hom the subpoena is addressed w ill be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) D U T IE S IN RE SPO N D IN G T O SU BPO E N A . (1) 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 them to correspond w ith the categories in the demand. (2) W hen information subject to a subpoena is w ithheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.