Free Subpoena Returned Executed - District Court of Delaware - Delaware

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Case 1 :07-cv-00129- IVI PT Docu ment 62 Filed 08/1 1/2008 Page 1 of 1
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DECLARATION OF SERVER 4/X9 _
I declare under penalty of perjury under the laws ofthe United States of America that the foregoing information contained?
in the Proof of Service is true and correct. I
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DATE SIGNATURE OF SEM? 62 71/
ADDRESS OF SERVER i
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Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December ,2006:
(c) PROTECTION OF PERSONS SUBJECT TO SULIPOENAS. to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf
(l) A party or an attorney responsible for the issuance aud 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 ofwhich the subpoena was issued shall enforce this duty and addressed will be reasonably compensated, the court may order appearance or production only
impose upon the party or attorney in breach ofthis duty an appropriate sanction, which may upon specified conditions. _
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.
sampling ofdesignated electronically stored information, books, papers, documents or tangible (l) (A) A person responding to a subpoena to produce documents shall produce them as i
things, or inspection of premises need not appear in person at the place of production or they are kept in the usual course ofbusiness or shallorganize and label them to correspond with
inspection unless commanded to appear for deposition, hearing or trial. the categories inthe demand.
(B) Subject to paragraph (d)(2) of this rule, aperson commanded to produce and permit (B) lf a subpoena does not specify the form or forms for producing electronically stored
inspection, copying, testing, or sampling may, within I4 days after service ofthe subpoena or information, a person responding to a subpoena must produce the information in a form or
before the time specified for compliance if such time is less than 14 days afier service, serve forms in which the person ordinarily maintains it or in a form or fomis that are reasonably l
upon the party or attorney designated in the subpoena written objection to producing any or all usable, I
ofthe designated materials or inspection ofthe premises~—or to producing electronically stored (C) A personresponding to a subpoena need notproduce the same electronically stored K
information in the form or forms requested. Ifobjection is made, 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
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 of undue burden or cost. On motion to compel discovery or to quash, the person from whom
at any time for an order to compel the production, inspection, copying, testing, or sampling, discovery is soughtmust show that the information sought is notreasonably accessible because
Such an order to compel shall protect any person who is not a party or an officer ofa party from ofundue burden or cost. If that showing is made, the court may nonetheless order discovery
significant expense resulting from the inspection, copying, testing, or sampling commanded, from 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 if it (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 100 miles from the place where thatperson resides, is employed or regularly transacts not produced that is sufficient to enable the demanding party to contest the claim.
business in person, except that, subjectto the provisions ofclause (c)(3)(B)(iii) ofthis rule, such (B) Ifinformation 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-preparation material, the person making the claim may notify
state in which the trial is held; any party that received the information ofthe claim and the basis for it. After being notified,
(iii) requires disclosure ofprivilegcd or other protected matter and no exception or a party must promptly retum, sequester, or destroy the specified information and any copies it
waiver applies; or has and may not use or disclose the information until the claim is resolved. A receiving party
(iv) subjects a person to undue burden. may promptly present the information to the court under seal for a determination ofthe claim.
(B) lfa subpoena Iftbe receiving party disclosed the information before being notified, it must take reasonable
(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
or commercial information, or until the claim is resolved.
(ii) requires disclosure of an unretained expert’s opinion or information not l
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 i
not at the request ofany patty, or that person may be deemed a contempt ofthe court from which the subpoena issued. An
(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 100 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 i
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