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B254 (Rev. 5192) Subpoena for Rule 2004 Examination United States Bankruptcy Court DISTRICT OF In re To: , SUBPOENA FOR RULE 2004 EXAMINATION Debtor Case No. Chapter 0 YOU ARE COMMANDED to appear and testify at an examination under Rule 2004, Fed.R.Bankr.P., at the place, date, and time specified below. A copy of the court order authorizing the examination is attached. PLACE DATE AND TIME 0 YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): PLACE DATE AND TIME ISSUING OFFICER SIGNATURE AND TITLE DATE ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER [District] [State] [Name of Debtor] [Name of Joint Debtor] [Case No.] [Chapter] [Name] [Address] [City, State & Zip] [Complete Address of Location of Examination] [Date & Time of Examination] [Description of Documents to be Produced] [Complete Address of Location for Production of Documents] [Date & Time for Production] [Current Date] [Typed Name, Address & Telephone Number of Issuing Officer] B254 (Rev. 5192) Subpoena for Rule 2004 Examination 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 con- tained in the Proof of Service is true and correct. Executed on DATE SIGNATURE OF SERVER ADDRESS OF SERVER Rule 45, Fed.R.Civ.P., Parts (c) & (d) made applicable in cases under the Bankruptcy Code by Rule 9016, Fed.R.Bankr.P. (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of asubpoenashall take reasonable steps to avoid imposing undue bur- den or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the part y or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of pro- duction or inspection unless commanded to appear for deposition, hear-ing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be en- titled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena 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 to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court by which a subpoenawas issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a placemore than 100 miles from the place where that person resides, is employed or regularly transacts (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii ) requires disclosure of an unretained expert’s opinion or in- formation not describing specific events o r 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 partyoran officerof a party to incursubstantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected bythe subpoena, quash or modify the subpoenaor, if the party in whosebehalf the subpoenais issued shows asubstantial need FOR THE tes- timony or material that cannot be otherwise met without undue hard- ship and assures that the person to whom the subpoena is ad- dressed will be reasonably compensated, the court may order ap- pearance or production only upon specified conditions. (D) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall business in person, 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 within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected mat- ter and no exception or waiver applies, or (iv) subjects a person to undue burden. 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. (2) When information subject to a subpoena is withheld on A CLAIM that it is privileged or subject to protection as trial preparation mate- rials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, OR THINGS not produced that is sufficient to enable the demanding party to con- test the claim.