Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv—00527-SLR Document 43-5 Filed 09/08/2006 Page 1 of 2
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Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE ‘
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SUBPOENA IN A CIVIL CASE
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El YOU ARE COMMANDED to appear in the United States District court at the place. date, and time specified below
testify in the above case. HJ
PLACE OF TESTIMONY COURTROOM if Q. j]
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DATE AND TttvtE Q id Q
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[Il YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the takingofa de}§p§tion 3
in the above case. T}? ei 2
PLACE or DEPostTtoN DATE AND TIME ig t i- ”—
H YOU ARE COM}/IANDED to produce and permit inspection and copying ofthe following documents or obj ects at the
place, date, and time sp cified below (list documents or objects): _
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PLACE Gt-ll*&P‘ |»{0|EI£·_S\.I..‘¤·- L- ¤@..a;.3,;,t’ Q; Q tee. pp TM5; (;L¢LQt(._ DATE AND TtNtE
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lil YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
PttE»ttsEs DATE r\ND TIME
.—\ny 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 oi`Civil Procedure, 30(b)(6).
tssctNo oPEtCER·s SIGNATURE AND TtTtE ttNDtCATE tr ATTORNEY rotz PLAINTIFF otz DEEENDANTi DATE
tssctNc OFFICERS NAME. .‘XDDRESS P'u\lD PHONE NUMBER
(See Rule 45. Fedeml Rules ot`Civil Procedure, Parts C & D on next page)
' lfaction is pending in district other than district ofissuancc. state district under case number.

Case 1 :05-cv—00527-SLR Document 43-5 Filed 09/08/2006 Page 2 of 2


PROOF OF SERVICE
DATE PLACE
SERVED ,2
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SERVED ON(PRINT NAME) MANNER OF SERVICE
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SERVED B)/(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 tme and correct.
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Executed on { "
DATE SIGKATLI OF SER\r‘ER_:_;·.{_§*¢Z 75
pet t5cix‘ s.1©
ADDRESS OF SERVER
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Rule 45, Federal Rules of Civil Procedure. Parts C & D;
tc) PROTECTION OF PERSONS SDBIECT TO SLBPOENAS.
tl) A pany or an attomey responsible for the tssuance and service of a trial be commanded to travel from any such place within the state in which the
subpoena shall take reasonable steps to avoid imposing unduc burden or expense trial is held, or
on a person subject to that subpoena. The coun on behalfofvvhich the subpoena
was issued shall enforce this duty and impose upon the party or attorney in breach (iii) requires disclosure ofprivtlcged or other protected matter and
oftltis duty an appropriate sanction which may include. but is not limited to, lost no exception or waiver applies. or
earnings and reasonable attot·ney’s fee. (iv) subjects a person to undue burdeni
(2) (A) A person commanded to produce and permit inspection and copying (B) lfa subpoena
of designated books. papers. documents or tangible things. or inspection of
premises need notappearin person atthe place ofproduction orinspection unless (1) requires disclosure of a trade secret or other conlidential
commanded to appear for deposition. heanng or mai. . research. development, or commercial information, or
(ii) requires disclosure of an unretained expert’s opinion or
(B) Subject to paragraph (d) (Z) of this rule. a person commanded to information notdescribingspecific events oroccurrences in dispute and resulting
produce and penritt inspection and copying may. within I4 days after service of from the expcrt`s study made not at the request of any party. or
subpoena or before the time specitied for compliance ifsuch time is less than I4 (iii) requires a person who is not a party or an officer ofa party to
days after service. serve upon the party or attorney designated in the subpoena incur substantial expense to travel more than IOO miles to attend triali the court
written objection to inspection or copying ofany or all ofthe designated materials may. to protect a person subject to or affected by the subpoena. quash or modify
or ofthe premises. lfobjection ts made. the party servingthc subpoena shall not the subpoena, or, if the party in who hehalf the subpoena is issued shows a
be entttlcd to inspect and copy materials or inspect the premises except pursuant substantial need for the testimony or material that cannot be otherwise met
to an order ofthe court by which the subpoena was issued. lfobjcction has been without unduc hardship and assures that thc person to whom the subpoena is
made. the party servingthe subpoena may. upon notice to the person commanded addressed will be reasonably compensated. the court may order appearance or
to produce. move at any time for an order to compel thc production. Such an production only upon specified conditions.
order to comply production shall protect any person who is not a party or an .
ofhcer of a party from significant expense resulting hom the inspection and ui DUTIES IN RESPONDING TO SUBPOENA.
‘f.'T`>}`lFlg COllllTl3l'ldCd.
(I l A person responding to a subpoena to produce documents shall produce
t3) (A) On timely motion, the court by which a subpoena was issued shall them as tsiey are kept in the usual course ofbusiness or shall organize and label
quash or modify the subpoena ifit them to correspond with thc categories in the demand.
(ll fails to allow reasonable time for compliance. (2) When information subject to a subpoena is withheld on a claim that it is
(ii) requires a person who is not a party or an officer ofa party to privileged or subject to protection as trial preparation materials. the claim shall
travel to a place more than IOO miles from the place where that person resides. be made expressly and shall be supported by a description ofthe nature ofthe
is employed or regularly transacts business in person. except that, subject to the documents, communications, or things not produced that is sufhcient to enable
provisions ofclause (c) (3) (B) (iii) ofthis rule. such a pCtS0¤ may in order to the demanding parry ro contest rhe claim
amend