Free Subpoena Returned Executed - District Court of Delaware - Delaware

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Case 1 :O7-cv-O0129- IVI PT Docu ment 70 FI led O9/O2/2008 Page 1 of 1
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PROOF OF SERVICE 1
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SERVED ON (PRINT NAME) MANNER OF RVICE
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SERVED BY (PRINT NAME) TITLE
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DECLARATION or SERVER ‘ . ,
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I declare under penalty of perjury under the laws ofthe United States of America that the foregoing information cont ` · · d 1
in the Proof of Service is true and correct. 1
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DA E SIGNATURE OF SERVER 1
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ADDRESS OF ERVER
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Rule 45, Federal Rules of Civil Procedure, Subdivisrons (c), (d), and (e), as amended on December . , 2006: 1
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf 1
(l)A party or an attorney responsible for the issuance and service ofa subpoena shall take the subpoena is issued shows a substantial need for the testimony or material that cannot be
reasonable steps to avoid imposing undue burden or expense on a person subject to that otherwise met without undue hardship and assures that the person to whom the subpoena is
subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and addressed will be reasonably compensated, the court may order appearance or production only 1
impose upon the party or attorney in breach ofthis duty an appropriate sanction, which may upon specified conditions. 1
include, but is not limited to, lost earnings and a reasonable attorney’s fee. '
(2) (A) A person commanded to produce and permit inspection, copying, testing, or (d) DUTIES IN RESPONDING TO SUBPOENA. 1
sampling ofdesignated electronically stored information, books, papers, documents or tangible (1) (A) A person responding to a subpoena to produce documents shall produce them as
things, or inspection of premises need not appear in person at the place of production or theyare kept in the usual course ofbusiness or shall organize and labelthemto correspond with
inspection unless commanded to appear for deposition, hearing or trial. the categories in the demand.
(B) Subject to paragraph (d)(2) ofthis rule, a person commanded to produce and permit (B) Ifa subpoena does notspecify the form or forms for producing electronically stored
inspection, copying, testing, or sampling may, within 14 days after service ofthe subpoena or information, a person responding to a subpoena must produce the information in a form or 1
before the time specified for compliance if such time is less than I4 days after service, serve forms in which the person ordinarily maintains it or in a form or fonns that are reasonably 1
upon the party or attorney designated in the subpoena written objection to producing any or all usable. 1
ofthe designated materials or inspection ofthe premises—or to producing electronically stored (C) Aperson responding to a subpoena need notproduce the same electronically stored 1
information in the form or forms requested. lfobjection ismade, the party serving the subpoena information in more than one form.
shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except (D) A person responding to a subpoena need not provide discovery of electronically 1
pursuant to an order ofthe court by which the subpoena was issued. Ifobjection has been made, stored information from sources that the person identifies as not reasonably accessible because
the party serving the subpoena may, upon notice to the person commanded to produce, move ofundue burden or cost. On motion to compel discovery or to quash, the person from whom 1
at any time for an order to compel the production, inspection, copying, testing, or sampling. discovery is sought must show that the infomration sought is notreasonably accessible because
Such an order to compel shall protect any person who is not a party or an officer ofaparty fiom ofundue burden or cost. If that showing is made, the court may nonetheless order discovery 1
significant expense resulting from the inspection, copying, testing, or sampling commanded. fi·om such sources ifthe requesting party shows good cause, considering the limitations ofRule
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify 26(b)(2)(C). The court may specify conditions for the discovery,
the subpoena ifit (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged
(i) fails to allow reasonable time for compliance; or subject to protection as trial—preparation materials, the claim shall be made expressly and
(ii) requires a person who is not a party or an officer ofa party to travel to a place shall be supported by a description ofthe nature ofthe documents, communications, or things
more than l00 miles Hom the place where thatperson resides, is employed orregularly transacts not produced that is sufficient to enable the demanding party to contest the claim,
business in person, except that, subject to the provisions ofclause (c)(3)(B)(iii) ofthis rule, such (B) If information is produced in response to a subpoena that is subject to a claim of
a person may in order to attend trial be commanded to travel from any such place within the privilege or ofprotection as trial—preparati0n material, the person making the claim may notify ‘
state in which the trial is held; any party that received the information of the claim and the basis for it, After being notified, 1
(iii) requires disclosure ofprivileged or other protected matter and no exception or a party must promptly return, sequester, or destroy the specified information and any copies it 1
waiver applies; or has and may not use or disclose the information until the claim is resolved. A receiving party 1
(iv) subjects a person to undue burden. may promptly present the information to the court under seal for a determination ofthe claim. 1
(B) ifa subpoena If the receiving party disclosed the information before being notified, it must take reasonable 1
(i) requires disclosure ofa trade secret or other confidential research, development, steps to retrieve it. The person who produced the information must preserve the information 1
or commercial infonnation, or until the claim is resolved.
(ii) requires disclosure of an unretained expert’s opinion or infonnation not
describing specific events or occurrences in dispute and resulting from the expert’s study made (e) CONTEMPT. Failure ofany person without adequate excuse to obey a subpoena served upon 1
not at the request ofany party, or that person may be deemed a contempt ofthe court from which the subpoena issued. An l
(iii) requires a person who is not a party or an officer ofa party to incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nonparty to
expense to travel more than lO0 miles to attend trial, the court may, to protect a person subject attend or produce at a place not within the limits provided by clause (ii) of subparagraph
(¢)<3>(A)·