Fillable Form 256 - Subpoena In A Case Under The Bankruptcy Code (Page 2 of 2) in pdf

Form 256 – Subpoena in a Case under the Bankruptcy Code (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:

to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the

ROTECTION OF

ERSONS

UBJECT TO

UBPOENAS

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

subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise

reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.

met without undue hardship and assures that the person to whom the subpoena is addressed will

The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the

be reasonably compensated, the court may order appearance or production only upon specified

party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited

conditions.

to, lost earnings and a reasonable attorney’s fee.

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

(d) D

UTIES IN

ESPONDING TO

UBPOENA

of designated electronically stored information, books, papers, documents or tangible things, or

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

inspection of premises need not appear in person at the place of production or inspection unless

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

commanded to appear for deposition, hearing or trial.

the categories in the demand.

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

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

inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before

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

the time specified for compliance if such time is less than 14 days after service, serve upon the party or

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

attorney designated in the subpoena written objection to producing any or all of the designated

materials or inspection of the premises — or to producing electronically stored information in the form

information in more than one form.

or forms requested. If objection is made, the party serving the subpoena shall not be entitled to

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

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

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

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

undue burden or cost. On motion to compel discovery or to quash, the person from whom

may, upon notice to the person commanded to produce, move at any time for an order to compel the

discovery is sought must show that the information sought is not reasonably accessible because of

production, inspection, copying, testing, or sampling. Such an order to compel shall protect any

undue burden or cost. If that showing is made, the court may nonetheless order discovery from

person who is not a party or an officer of a party from significant expense resulting from the

such sources if the requesting party shows good cause, considering the limitations of Rule

inspection, copying, testing, or sampling commanded.

26(b)(2)(C). The court may specify conditions for the discovery.

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

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

the subpoena if it

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

(i) fails to allow reasonable time for compliance;

be supported by a description of the nature of the documents, communications, or things not

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

produced that is sufficient to enable the demanding party to contest the claim.

more than 100 miles from the place where that person resides, is employed or regularly transacts

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

business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a

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

person may in order to attend trial be commanded to travel from any such place within the state in

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

which the trial is held;

must promptly return, sequester, or destroy the specified information and any copies it has and may

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

not use or disclose the information until the claim is resolved. A receiving party may promptly

waiver applies; or

present the information to the court under seal for a determination of the claim. If the receiving

(iv) subjects a person to undue burden.

party disclosed the information before being notified, it must take reasonable steps to retrieve it.

The person who produced the information must preserve the information until the claim is

(B) If a subpoena

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

resolved.

development, or commercial information, or

(ii) requires disclosure of an unretained expert’s opinion or information not

(e) C

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

ONTEMPT

describing specific events or occurrences in dispute and resulting from the expert’s study made not at

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

the request of any party, or

for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at

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

a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

expense to travel more than 100 miles to attend trial, the court may, to protect a person subject

Form 256 - Subpoena In A Case Under The Bankruptcy Code Page 2

Related Articles

Related forms

Related Categories