Fillable Subpoena In An Adversary Proceeding Form (Page 2 of 2) in pdf

Form 255 – Subpoena in an Adversary Proceeding (12/06)

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

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006, made applicable in cases under the Bankruptcy Code by Rule 9016,

Federal Rules of Bankruptcy Procedure:

or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or

ROTECTION OF

ERSONS

UBJECT TO

UBPOENAS

(1) A party or an attorney responsible for the issuance and service of a subpoena

material that cannot be otherwise met without undue hardship and assures that the person to whom the

shall take reasonable steps to avoid imposing undue burden or expense on a person

subpoena is addressed will be reasonably compensated, the court may order appearance or production

subject to that subpoena. The court on behalf of which the subpoena was issued shall

only upon specified conditions.

enforce this duty and impose upon the party or attorney in breach of this duty an

appropriate sanction, which may include, but is not limited to, lost earnings and a

(d) D

UTIES IN

ESPONDING TO

UBPOENA

reasonable attorney’s fee.

(1) (A) A person responding to a subpoena to produce documents shall produce them as they are

(2) (A) A person commanded to produce and permit inspection, copying, testing,

kept in the usual course of business or shall organize and label them to correspond with the categories in

or sampling of designated electronically stored information, books, papers, documents or

the demand.

tangible things, or inspection of premises need not appear in person at the place of

(B) If a subpoena does not specify the form or forms for producing electronically stored

production or inspection unless commanded to appear for deposition, hearing or trial.

information, a person responding to a subpoena must produce the information in a form or forms in

(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce

which the person ordinarily maintains it or in a form or forms that are reasonably usable.

and permit inspection, copying, testing, or sampling may, within 14 days after service of

the subpoena or before the time specified for compliance if such time is less than 14 days

information in more than one form.

after service, serve upon the party or attorney designated in the subpoena written

(D) A person responding to a subpoena need not provide discovery of electronically stored

objection to producing any or all of the designated materials or inspection of the premises

information from sources that the person identifies as not reasonably accessible because of undue burden

— or to producing electronically stored information in the form or forms requested. If

or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must

objection is made, the party serving the subpoena shall not be entitled to inspect, copy,

show that the information sought is not reasonably accessible because of undue burden or cost. If that

test, or sample the materials or inspect the premises except pursuant to an order of the

showing is made, the court may nonetheless order discovery from such sources if the requesting party

court by which the subpoena was issued. If objection has been made, the party serving

shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for

the subpoena may, upon notice to the person commanded to produce, move at any time

the discovery.

for an order to compel the production, inspection, copying, testing, or sampling. Such an

(2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or

order to compel shall protect any person who is not a party or an officer of a party from

subject to protection as trial-preparation materials, the claim shall be made expressly and shall be

significant expense resulting from the inspection, copying, testing, or sampling

supported by a description of the nature of the documents, communications, or things not produced that is

commanded.

sufficient to enable the demanding party to contest the claim.

(3) (A) On timely motion, the court by which a subpoena was issued shall quash

(B) If information is produced in response to a subpoena that is subject to a claim of

or modify the subpoena if it

privilege or of protection as trial-preparation material, the person making the claim may notify any party

(i) fails to allow reasonable time for compliance;

that received the information of the claim and the basis for it. After being notified, a party must promptly

(ii) requires a person who is not a party or an officer of a party to travel

return, sequester, or destroy the specified information and any copies it has and may not use or disclose

the information until the claim is resolved. A receiving party may promptly present the information to the

to a place more than 100 miles from the place where that person resides, is employed or

regularly transacts business in person, except that, subject to the provisions of clause

court under seal for a determination of the claim. If the receiving party disclosed the information before

(c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to

being notified, it must take reasonable steps to retrieve it. The person who produced the information

travel from any such place within the state in which the trial is held;

must preserve the information until the claim is resolved.

(iii) requires disclosure of privileged or other protected matter and no

exception or waiver applies; or

(e) C

. Failure of any person without adequate excuse to obey a subpoena served upon that

ONTEMPT

(iv) subjects a person to undue burden.

person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for

failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidential research,

within the limits provided by clause (ii) of subparagraph (c)(3)(A).

development, or commercial information, or

(ii) requires disclosure of an unretained expert’s opinion or 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

(iii) requires a person who is not a party or an officer of a party to incur

substantial expense to travel more than 100 miles to attend trial, the court may, to protect

a person subject to or affected by the subpoena, quash or modify the subpoena

Subpoena In An Adversary Proceeding Form Page 2

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