Free Subpoena in a Criminal Case - New Jersey


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Date: April 15, 2008
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State: New Jersey
Category: Court Forms - Federal
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http://www.njd.uscourts.gov/forms/AO088.pdf

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OAO88 (Rev. 12/07) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURT
__________ District of __________

SUBPOENA IN A CIVIL CASE V. Case Number:1 TO:

G YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below
to testify in the above case.
PLACE OF TESTIMONY COURTROOM

DATE AND TIME

G YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION DATE AND TIME

G 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

G YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME

Any 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 Rule of Civil Procedure 30(b)(6).
ISSUING OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

(See Federal R ule of C ivil Procedure 45 (c), (d), and (e), on next page)

1

If action is pending in district other than district of issuance, state district under case number.

AO88 (Rev. 12/07) Subpoena in a Civil Case (Page 2)

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

Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) P ROTECTING A P ERSON S UBJECT TO A S UBPOENA . (1) Avoiding U ndue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction -- w hich may include lost earnings and reasonable attorney's fees -- on a party or attorney w ho fails to comply. (2) C ommand to Produce M aterials or Permit Inspection. (A) Appearance N ot R equired. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) O bjections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney d es ignated in the subpoena a w ritten objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises -- or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the follow ing rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person w ho is neither a party nor a party's officer from significant exp ense re sulting from compliance. (3) Q uashing or M odifying a Subpoena. (A) W hen R equired. O n timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person w ho is neither a party nor a party's officer to travel more than 100 miles from w here that person resides, is employed, or regularly transacts business in person -- except that, subject to R ule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place w ithin the state w here the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or w aiver applies; or (iv) subjects a person to undue burden. (B) W hen P ermitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, d eve lopment, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that w as not requested by a party; or (iii) a person w ho is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial (C ) Specifying C onditions as an Alternative. In the circumstances described in R ule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) show s a substantial need for the testimony or material that cannot be otherw ise met w ithout undue hardship; and (ii) ensures that the subpoenaed person w ill be reasonably compensated. (d) D UTIES IN R ESPONDING TO A S UBPOENA . (1) Producing D ocuments or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) D ocuments. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information N ot Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in w hich it is ordinarily maintained or in a reasonably usable form or forms. (C ) Electronically Stored Information Produced in O nly O ne Form . The person responding need not produce the same electronically stored information in more than one form. (D ) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. O n motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that show ing is made, the court may nonetheless order discovery from such sources if the requesting party show s good cause, considering the limitations of R ule 26(b)(2)(C ). The court may specify conditions for the discovery. (2) C laiming Privilege or Protection. (A) Information W ithheld. A person w ithholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the w ithheld documents, communications, or tangible things in a manner that, w ithout revealing information itself privileged or protected, w ill enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disc lo se the information until the claim is resolved; must take reasonable steps to retrieve the inform ation if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person w ho produced the information must preserve the info rmation until the claim is resolved. (e) C ONTEMPT . T he issuing court may hold in contempt a person w ho, having been served, fails w ithout adequate excuse to obey the subpoena . A no np arty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of R ule 45(c)(3)(A)(ii).