Free Subpoena Returned Executed - District Court of Delaware - Delaware

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PROOF OF SERVICE
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e DECLARATION OF SERVER
I declare under enalt of er`u under the laws ofthe United States of America dtat the fore oin information contained in the Proof of Service is true and correct.
Executed on
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Rule 45; Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. except that, subject to the provisions of 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
(I) A party or an attorney responsible for the issuance and service of a Wnn*n the srare rn yyh*eh thc rrra* *s held, hr _ _
subpoena shall take reasonable steps to avoid imposing undue burden or (***) rerlrnres d*se*°snre Or pr*y'*eged er ether prhreered rnaher
exper se on a person subject to that subpoena. The court on behalf of which the and hh exeehhah Or Waryer app**es= Or
subpoena was issued shall enforce this duty and impose upon the party or (ry) snhleersaperseh re undue burden
attorney in breach of this duty an appropriate sanction, which may include, but
is not limited to, lost eamings and a reasonable attomey’s fee. (B) Ifa subpoena
(2) (A) A person commanded to produce and permit ins ection and (i) re uires disclosure of atrade secret or other confidential research,
P Q
copying of designated books, papers, documents or tangible things, or development, or commercial information, or
inspection of premises need not appear in person at the place of production or (ii) requires disclosure of an unretained expert’s opinion or
inspection unless commanded to appear for deposition, hearing or trial. information not describing specific events or occurrences in dispute and
resulting from the expert’s study made not at the request of any party, or
(B) Subject tO paragraph Of rule, a person commanded t (III? I`€ql1lI`€S 3 p€I`SOl'l who lS l'lO[ 8 pany Of HH OHTCCT 8 pany to
tn nit duct, and permit inspection and copying may, Within 14 days after Sctvice incur substantial expense to travel more than 100 miles to attend trial, the court
of the subpoena or before the time specified for compliance if such time is less may, ra prhreer a Person shhleer rn Or arreered by rhe snr’p°eha— qhash Or rnhdrry
than I4 days after service, serve upon the party or attomey designated in the the suhneeha Or, rr the parry_ rh Whose behanr the subpoena rs *sshed shows a
subpoena Written Objection tn inspection Oi copying nf any nt aii Ot the substantial need for the testimony or material that cannot be otherwise met
designated materials or of the premises. If objection is made, the party serving Wrrhhnr nhdne hardsh*p and assures that rhe person re whom the shbpeeha rs
the subpoena shall not be entitled to inspect and copy the materials or inspect addressed Wrn be r eas°nah*y eerhpensared, the eeurr may Order appearanee Or
the premises except pursuant to an order of the court by which the subpoena preduenhh Ohry upon sperhhed e°hrhh°hs·
was issued. If objection has been made, the party serving the subpoena may,
upon notice to the person commanded to produce, move at any time for an order (d) DUTIES IN RESPONDING TO SUBPOENA.
to compel the production. Such an order to compel production shall protect any
persha whe is ner a Parry er an Orneer Or a Parry rrem srghrhearn expense (I) A person responding to a subpoena to produce documents shall
resnrhng rrern the mspeehah md ehpyrng eemmannea produce them as they are kept in the usual course of business 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
shan quash Or mOe**ry the subpoena *rn (2) When infomation subject to a subpoena is withheld on a claim that
it is privileged or subject to protection as trial preparation materials, the claim
(i) fails to allow reasonable time for compliance; shall be made expressly and shall be supported by a description of the nature of
(ii) requires a person who is not a party or an officer of a the documents, communications, or things not produced that is sufficient to
party to travel to a place more than 100 miles from the place where that enable the demanding party to contest the claim.
perso 1 resides, is employed or regularly transacts business in person,
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PAC 700537vl 09/22/05 02:47pm

Case 1 :04-cv—00943-KAJ Document 52 Filed 09/26/2005 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DINO G. PETROCELLI, )
)
Plaintiff, )
)
vs. )
) Case No. 04-CV-943-KAJ
CHRYSLER CORPORATION, MOPAR )
DIVISION, )
)
Defendant. )
CERTIFICATE OF SERVICE
I, Sarah E. DiLuzio, hereby certify this 26th day of September, 2005, the within
PROOF OF SERVICE of a SUBPOENA DUCES TECUM was electronically filed with the
Clerk of the Court using CM/ECF and that the document was served on September 23, 2005 on
the following as indicated, and that the document is available for viewing and downloading from
CM/ECF.
BY HAND DELIVERY
Records Custodian
State of Delaware Department of Corrections
Central Administration Bldg.
245 McKee Road
Dover, Delaware 19904
/ _
yl 5 L2 .//c»v·*=, M ·
arah E. DiLuzio (#4085)
Potter Anderson & Corroon LLP
Hercules Plaza, Sixth Floor
1313 North Market Street
Wilmington, Delaware 19899-0951
(302) 984-6000 — Telephone
(302) 658-1192 — Facsimile
[email protected]