Free Subpoena - District Court of Delaware - Delaware

Case 1 :05-cv—00O5 - ` 5 P 1 f 2
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FOR THE DISTRICT OF DELAWARE
RICHARD F. WHITE, JR.
SUBPOENA IN A CIVIL CASE
v. Case Number* 05-53 GMS
FED EX GROUND
TO: LARRY BENEDICT
1805 ARROWTRAIL ROAD
WILLIAMSTOWN NJ 08094
D 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.
El 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
Tvnotrr, REDFEARN & PELL, 300 Delaware Avenue, NOVEMBER 8, 2005
11th Floor, wiimingten, DE 19801 4=00 1>-m-
¤ 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):
ll YOU ARE COMMANDED to permit inspection of the following premises; at the date and time specified below.
PREMISES l 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
Rules af Civil Procedure 30(b) (6).
REQUESTING PARTY'S NAME, ADDRESS AND PHONE NUMBER
DAV ULLEY, ESQUIRE, TYBOUT, REDFEARN & PELL, 300 DELAWARE AVENUE, 11TH
FLOOR, P.O. X 2092, WILMINGTON, DE 19899
ISSUING PARTY`S SIGNATURE TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DATE
DEF
ENDM October 24, 2005
Attorney for Defen ants

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l DECLARATION OF SERVER
‘ l declare under penalty of perjury under the laws tate o eyvare that the foregoing i ion contained in the Proof of Service is true and correct.
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ADDRESS OF S RVER X )?_ VO`;.) _
Rule 45, Federal Rules of Civil Procedure, Parts C & D
lc) Protection of Persons Subject to Subpoenas.
(1) A party or an attornev responsible for the issuance and (lvl subjects a person to undue burden,
service of a subpoena shall take reasonable steps to avoid
imposing undue burden or experse on a person subject to that (Bl If a subpoena
subpoena. The court on behalf of which the subpoena was (il requires disclosure of a trade secret or other
issued shall enforce this duty and impose upon the party or confidential research, development, or commercial
- attorney in breach of this duty an appropriate sanction which information, or
may include, but is not limited to, lost earnings and reasonable (ii) requires disclosure of an unretained expert`s opinion
attorney’s fee. or information not describing specific events or
l2llAl A person commanded to produce and permit A occurrences in dispute and resulting from the expert‘s study
inspection and copying of designated books, papers, documents made not at the request of any party, or (iii) requires a
or tangible things or inspection of premises need not appear zn person who is not a party or an officer of a party to incur
` person at the place of production or inspection unless substantial expense to travel more than 100 miles
commanded to appear for deposition, hearing or trial. to attend trial;
(Bl Subject to. paragraph (dll2l of this rule, a person
commanded to produce and permit inspection and copying may, the Court may, to protect a person subject to or affected by the
within 14 days after service of the subpoena or before the time subpoena, quash or modify the subpoena or, if the party in
specified for compliance if such time is less than 14 days after whose behalf the subpoena is issued shows a substantial need
service, serve upon the party or attorney designated in the for the testimony or material that cannot be otherwise met
subpoena written objection to inspection or copying of any or without undue hardship and assures that the person to whom
all of the designated materials or of the premises. lf objection the subpoena is addressed will be reasonably compensated, the
is made, the party serving the subpoena shall not be entitled to Court may order appearance or production only upon specified
inspect and copy the materials or inspect the premises except conditions.
pursuant to an order of the Court by which the subpoena was
issued. lf objection has been made, the party serving the (df DUYi€$ in RBSPONCHUQ T0 Subpoena.
subpoena may, upon notice to the person commanded to
produce, move at any time fo ran order to compel the (ll A person responding to a subpoena to produce
production. Such an order to compel production shall protect documents shall produce them as they are kept in the usual
any person who is not a party or an officer of a party frcm course of business or shall organize and label them to
significant expense resulting from the inspection and copying correspond with the categories in the demand.
commanded.
l3)(A) On timely motion, the Court by which a subpoena (2l When information subject to a subpoena is withheld or
was issued shall quash or modify the subpoena if it a claim that it is privileged or subject to protection as tria
(il fails to allow reasonable time for compliance, preparation materials, the claim shall be made expressly ant
(ii) requires a person who is not a party or an officer of shall be supported by a description of the nature of the
a party to travel to a place more than 100 miles from the place documents, communications, or things not produced that i:
where that person resides, is employed or regularly transacts sufficient to enablegw demanding DBYIY to contest the
business in person, except that, subject to the provisions of claim.
clause (c)(3)(B)(iii) of this rule, such a person may in order to
attend trial be commanded to travel from any such place witnin
the state in which the trial is held, or
(iii) requires disclosure of privileged or other protecied
matter and no exception or waiver applies, or