Free Notice (Other) - District Court of Delaware - Delaware

Case 1 :04-cv-00921-SLR Document 86-2 Filed 08/28/2006 Page 1 of 2

Issued by the
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUBPOENA IN A CIVIL CASE
Vurnis Gillis,
Plaintiff
v.
Toiiver et ai., CA. No. O4-92i (KAJ)
Defendants.
TO: Delaware Psychiatric Center
Mitchell Building
Herman M. Holloway Senior Campus ·
New Castle, DE 19720
[ 1 YOU ARE COF\/iiViANDED to appear in the United States District Court at the place, date and time
specified below to testify in the above case.

mace oi= Tesrmnoiw coumaoorvi
DATE Ann Time
[ ] 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. .
PLAcr»2 or oseosmon DATE Anzo Time

[ X ] YOU ARE COiVli\/IANDED to produce and permit inspection and copying of the foliowing documents
or obiects at the place, dat and time specified beiow (iist documents or objects}:
Current and past medicai/psychiatric records for il/lr. Vurnis Giilis
PL/ics Delaware Psychiatric Center DATE September 17, 2006
ij YOU ARE CONEIVIANDED to permit inspection of the following premises at the date and time specified
below.
Paezvnses ems Amo time

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shail 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, 30(b)l6l.
assume o u= Attonnsv Fos PLArNr1r=i= on oer=EruoAnT} pim;
CSI. /_Attorney for Plaintiff August 28, 2006
assume oFi=1cEa·s NAME, ADDRESS AND Pnome numslzn
Zhan Lu, Esquire
CONNOLLY BOVE LODGE & HUTZ LLP
1007 North Orange Street, PO. Box 2207
Wilmington, DE 19899
i302l 658-9141
(See Role 45, Federai Rules of Civii Procedure, Parts C & Don Reverse)

Case 1:04-cv—O0921-SLR Document 86-2 Filed 08/28/2006 Page 2 of 2

PROOF OF SERVICE
DATE PLACE
SERVED

SERVED DN (PRlNT NAME} IVIANNER OF SERVICE

SERVED BY lPRll\lT NAME} TITLE

DECLARATION OF SERVER
I declare under penalty of per§ury· under the laws of the United States of American that the foregoing
information contained in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER

Ruie 45, Fedezal Ruies of Civil Procedure, Parts C & D
lc) PROTECTION 05* ¥’ERSON§ SUBJECT TO SUBPOENAS. lc)l3llBl(ii§) of this rule, such a person may in order to attend trial
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 shall take reasonable steps to avoid (iii) requires disclosure of privileged or other protected
imposing undue burden or expense on a person subject to that material and no exception or waive: applies, or
subpoena. The court on behalf of which the subpoena was issued (lvl subiects a person to undue burden.
shall enforce this duty and impose upon the party or attorney in
breach of this duty an appropriate sanction, which may include, (B} lf a subpoena
but is not limited to, lost earnings and a reasonable attorneys fee. (il requires a disclosure of e trade secret or other
confidential research, development, or commerciai information,
(2)(A} A person commanded to produce and permit inspection gr
and copying of designated books, papers, documents or tangible (ii) requires disclosure of an unretained experts opinion
things, or inspection of premises need not appear in person at the or information not describing specific events or occurrences in
place of production or inspection unless commanded to appeazr for dispute and resuiténg from the experfs study made not at the
deposition, hearing or trial. request of any party, or
(iii) requires a person who is not a party or an officer
(B) Sobieot to paragraph (d)(2l of this zule, a person of a party to incur substantial expense to travel more than 200
commanded to produce and permit inspection and copying may, miles to attend trial, the court may, to protect a person subject
within 14 days alto: service of the subpoena or before the time to or affected by the subpoena, quash or modify the subpoena
specified for compliance if such time is less than T4 days after or, if the party in whose behalf the subpoena is issued snows a
service, serve upon the party or attorney designated in the substantial need fos the testimony or material that cannot be
. subpoena written obieotion to inspection or copying of any or all otherwise met without undue hardship and assures the person to
of the designated materials or ofthe premises. lf objection is made, whom the subpoena is addressed will be reasonably
the party serving the subpoena shall not be entitled to inspect and compensated, the court may order appearance or production oniy
copy the materials or inspect the premises exceptpursuant to an upon specified conditions.
order of the court by which the subpoena wes issued. if objection
has been made, the party serving the subpoena may, upon notice (dl DUTIES IN RE5PONDiNG TO SUBPOENA
to the person commended to produce, move at any time for an _
order to compel the production. Such an order to compel (ii A r>BrSG¤ l'sS¥>C·¤dl¤Q to El subpoena T0 D?’0ClUC€
production sh:-ali protect any person who is not a party or an officer documents shall produce them es they are keps in the usual
of a party from significant expense resulting from the inspection course of business or shallorganize and labelthern to correspond
and copying commanded. with the categories in the demand.
(BMA) On timely motion, the court by which a subpoena was (2) When information subject to a subpoena is wiihheid on
issued shall quash or modify the subpoena if it a claim that it is privileged or subiect to protection es trial
lil fails to allow reasonable time for cornpiianco; preparation materials/che claim shall be made exprssiy and shall
fill Yoqvifés 8 DBFS<>¤ who is l’l¤T H DGFIY DF 8¤ ¤ffi¤Bl‘ of be supported by a description of the nature of the documents,
a party to travel to a place more than 100 miles from the place communications, or things not produced that is sufficient to
where that person resides, is employed or regularly transacts enable she demanding party o comes the claim.
business in person, except that. subiect to the provisions of clause
483B52__1