Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :04-cv-00921-SLR Document 87 Filed 08/29/2006 Page 1 ot 2
A Issued by the
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUBPOENA IN A CIVIL CASE
Vurnis Gillis,
Plaintiff
v.
Toliver etal., C.A. No. 04-921 (KAJ)
Defendants.
TO: Deiaware Psychiatric Center
Mitchell Building
Herman M. Holloway Senior Campus
New Castle, DE 19720
[ YOU ARE COi\/IIVIANDED to appear in the United States District Court at the place, date and time
specified beiow to testify in the above case.
PLACE os rasrirvlorw counrnooivi
DATE AND time
[ ] YOU ARE CGIVIEVJANDED to appear at the place, date, and time specified below to testify at the taking
of a deposition in the above case.
PLACE or DEPOSETEON DATE Amo time
[ X 1 YOU ARE COSVENIANDED to produce and permit inspection and copying of the foliowing documents
or objects at the piece, date and time specified below {list documents or objects}:
Current and past medicai/psychiatric records for Nir. Vumis Gillis
PLACE Delaware Psychiatric Center DATE September 17, 2006
El YOU ARE COl\liNlAi\|DED to permit inspection of the following premises at the date and time specified
below.
Pnaavusrzs 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 behaif, and
may set forth, for each person designated, the matters on which the person will testify. Federai Rules of Civil
Procedure, 3Ulbl{6).
issuiwo or=r=rcEn SIGNATURE AND TFFLE I TE is ATTORNEY ron r=•r.Arrurtl=a= on DEFEMDANT1 DATE
AiiOi'¤€y for Plaintiff August 28, 2006
rssurno or=1=|cEs·s MAME, ADDRESS AND enema NUMBER
Zhan Lu, Esquire
CONNOLLY BOVE LODGE & HUIFZ LLP
1007 North Orange Street, PO. Box 2207
Wilmington, DE 19899
l302i 658-9141
(See Sole 45, Federal Rules of Civil Procedure, Parts C & Don Reverse}

Case 1:04-cv-00921-SLR Document 87 Filed 08/29/2006 Page 2 of 2

PROOF OF SERVICE
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SERVED BY {PRINT NAME) TRTL
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, DECLARATION OF SERVER
I declare under penalty of periury under the Iws of the United States of American that the foregoing
information contained in the roof of Service is true and cortex: _. I ~~"
, , .--·l /
Executed on J 28 UQ i i- i ,_ ”` _ , _
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{DATE Si NATURE OF SERVER
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Ruée 45. Federal Ruies of Civii Procedure, Parts C & 9
ic) PROTECTION OF PERSONS SUBEECT TO SEBPOENAS. (c)l3)(B)(iéi} of this rule, such a person may in order to attend triai
be commanded to travel from any such place within the state in
(1) A party or an attorney responsible for the issuance and which the trial is held, or
service of a subpoena sfzafl take reasonable steps to avoid {iii) requires disclosure of privileged or other protected
imposing undue burden or expense on a person subject to that materiaé and no exception of waiver applies. or
subpoena. The court on behalf of which the subpoena was issued {iv} subjects a person to undue burden.
shall enforce this duty and ¥rn;>osa upon the party or attorney in
breach of this duty an appropriate sanction, which may include, (B) if a subpoena
but is not limited to, lost earnings anda reasonable attorneifsfee. li) requires a disclosure of a trade secret or other
confidential reseafch, development, or commercial information,
(2]{A) A person commanded to produce and permit inspection or
and copying of designated books, papers, documents or tangible (ii) requires disclosure of an unreteined experts opinion
things, oz inspection of premises need not appear in person at the or information not describing specific events or occurrences in
piece of production or inspection unless commanded to eppearfor dispute and resulting from the experts study made not st the
deposition, hearing or triai. request of any party. or
(iii) requires a person who is not a party or an officer
{B) Subject to paragraph {d)(2i of this rule, a person of a party to incur substantial expense to travel more than 100
commanded $0 §f0€¥UC€ Gm? DBFFTUT énspecfivn and GODvl¤9 mav. miles to attend triai, the court may, to protect a person subject
within 14 days after service of the subpoena or before the time to or affected by the subpoena, quash or modify the subpeena
specified for compliance if such time is less than 14 days after or, if tin party in whose behalf the subpoena is issued shows a
service, serve upon the party or attomey designated in the substentiai need for the testimony or materiai that cannot be
subpoena written objection to inspection or copying of any or ali otherwise met without undue hardship and assures the person to
of the designated materials or ofthe premises. if objection is made, whom the subpoena is addressed will be reasonably
the party serving the subpoena shali not be entitled to inspect and compensated, the court may order appearance or production only
copy the materials or inspect the premises exceptpussuant to an upon specified conditions.
order of the court by which the subpoena was issued. If obiection
has been made, the party serving the subpoena may, upon notice (dl DUTIES IN RESPONDING TO SUQPOENA
to tha person commanded to produce, move at any time for an I
order to compel the production. Such an order to compel (ll A D6FS0¤ *'9S¤0¥‘¥d¤¤Q to 8 subpoena {G QFGGUGG
procluotiorzshail protect any person who is not a party or an officer documents snail produce them as they are kept zn the usual
of a party from significant expense resulting from th inspection course of business 0: shali organize and labelthem to correspond
and copying commanded. with the categories in the demand.
(3HA) On timely motion, the court by which a subpoena was (2) When information subject to a subpoena is withheld on
issued shell quash or modify the subpoena if it a claim that it is privileged or sub§ect to protection as trial
ii} faiis to allow reasonable time fof compiiance; preparation mareriaiethe ciaim shall be made expressly and shall
Hi) requires a person who is not e party or an officer ef be supported by a description of the nature of the documents,
B paftv T0 'ifavél to 6 Pl¤€€ F¤0¥6 than TOO WNGS f¥¤m UWB Dl¤G€ communications, 0: things not produced that is sufficient to
where that person resides, is Gmployed Or regularly tralwsacts enable the {igmgmiing party G contest; the claim,
business in person, except that, subiect to the pfovisions of clause
483862]