Free Subpoena Rule 2004 Exam - Mississippi

B254 (11/91) Subpoena for Rule 2004 Examination

United States Bankruptcy Court
DISTRICT OF

In re

SUBPOENA FOR RULE 2004 EXAMINATION
Debtor Case No. Chapter To:

9

YOU ARE COMMANDED to appear pursuant to a court order issued under Rule 2004, Fed. R. Bankr.P., at the place, date, and time specified below to testify at the taking of a deposition in the above case.
DATE AND TIME

PLACE

9

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

DATE AND TIME

ISSUING OFFICE SIGNATURE AND TITLE

DATE

ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

B254 (11/91) Subpoena for Rule 2004 Examination

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, Fed.R.Civ.P., Parts (c) & (d) made applicable in cases under the Bankruptcy Code by Rule 9016, Fed.R.Bankr.P. (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. sions of clause (c)(3)(B)(III) of this rule, such a person may in order to attend trial be commanded to travel from any (1) A party or an attorney responsible for the issuance and service of such place within the state in which the trial is held, or a subpoena shall take reasonable steps to avoid imposing undue bur(iii) requires disclosure of privileged or other protected den or expense on a person subject to that subpoena. The court on matter and no exception or waiver applies, or behalf of which the subpoena was issued shall enforce this duty and (iv) subjects a person to undue burden. impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a (B) If a subpoena reasonable attorney's fee. (i) requires disclosure of a trade secret or other confiden(2) (A) A person commanded to produce and permit inspection and tial research, development, or commercial information, or copying of designated books, papers, documents or tangible things, or (ii) requires a disclosure of an unretained expert's opinion inspection of premises need not appear in person at the place of proor information not describing specific events or occurrences duction or inspection unless commanded to appear for deposition, in dispute and resulting from the expert's study made not at hearing or trial the request of any party, or (iii) requires a person who is not a party or an officer of a (B) Subject to paragraph (d)(2) of this rule, a person commanded to party to incur substantial expense to travel more than 100 produce and permit inspection and copying may, within 14 days after miles to attend trial, the court may, to protect a person subservice of the subpoena or before the time specified for compliance if ject to or affected by the subpoena, quash or modify the such time is less than 14 days after service, serve upon the party or subpoena or, if the party in whose behalf the subpoena is isattorney designated in the subpoena written objection to inspection or sued shows a substantial need for the testimony or material copying of any or all of the designated materials or of the premises. If that cannot be otherwise met without undue hardship and objection is made, the party serving the subpoena shall not be entitled assures that the person to whom the subpoena is addressed to inspect and copy the materials or inspect the premises except purwill be reasonably compensated, the court may order apsuant to an order of the court by which the subpoena was issued. If pearance or production only upon specified conditions. objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an (d) DUTIES IN RESPONDING TO SUBPOENA. order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from (1) A person responding to a subpoena to produce docusignificant expense resulting from the inspection and copying comments shall produce them as they are kept in the usual court of busimanded. ness or shall organize and label them to correspond with the categories in the demand. (3)(A) On timely motion, the court by which a subpoena was issued (2) When information subject to a subpoena is withheld on a shall squash or modify the subpoena if it claim that it is privileged or subject to protection as trial preparation (i) fails to allow reasonable time for compliance; materials, the claim shall be made expressly and shall be supported by (ii) requires a person who is not a party or an officer of a a description of the nature of the documents, communications, or party to travel to a place more than 100 miles from the place things not produced that is sufficient to enable the demanding party to where that person resides, is employed or regularly transcontest the claim. acts business in person, except that, subject to the provi-