Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :07-cv-00129- M PT Docu ment 58 FI led 08/05/2008 Page 1 of 1
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PROOF OF SERVICE
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I declare under penalty of peij ury under the laws ofthe United States of America that the foregoing information contained l
in the Proof of Service is true and correct.
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Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on Decembegi, 2006: }
(c) PROTECTION OF PERSONS SUBJECT TO SUEPOENAS, to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf (
(1) 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 i
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 l
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 l
impose upon the party or attorney in breach of this duty an appropriate sanction, which may upon specified conditions. J
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 RESPONDHJG TO SUBPOENA. I
sampling ofdesignated electronically stored information, books, papers, documents ortangible (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 they are kept inthe usual course ofbusiness or shall organize and label them to 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, aperson commanded to produce and permit (B) lfa subpoena does not specify the form or forms for producing electronically stored
inspection, copying, testing, or sampling may, within I4 days afier 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 I4 days after service, serve forms in which the person ordinarily maintains it or in a form or forms that are reasonably
upon the pany or attorney designated in the subpoena written objection to producing any or all usable.
ofthe designated materials or inspection ofthe premises —or to producing electronically stored (C) A person responding to a subpoena need not produce the same electronically stored
information in the form or forms requested. lfobjection is made, the party sewing 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. Ifobj ection 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
at any time for an order to compel the production, inspection, copying, testing, or sampling. discovery is soughtmust show thatthe infomiation sought is notreasonably accessible because
Such an order to compel shall protect any person who is not a party or an officer of a party from of undue 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 orinodify 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. l
business in person, exceptthat, 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 i
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 ofprivileged or other protected matter and no exception or a party must promptly return, 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 If the receiving party disclosed the infomation before being notified, it must take reasonable 2
(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
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
not at the request ofany party, or that person may be deemed a contempt of the 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 I
expense to travel more than 100 milesto attend trial, the court may, to protect aperson subject attend or produce at a place not within the limits provided by clause (ii) of subparagraph
(¤)(3)(A)· .
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