Fill and Sign the Affidavit of Service by Private Individual Acting as Form

JUDGE SUBPOENA Superior Court of the District of Columbia CIVIL DIVISION Check One: Civil Actions Branch 500 Indiana Ave., N.W. Room 5000 Washington, D.C. 20001 Telephone: (202) 879 -1133 Landlord & Tenant Branch 510 4 th Street, N.W. Room 110 Washington, D.C. 20001 Telephone: (202) 879 -4879 Small Claims & Conciliation Branch 510 4 th Street, N.W. Room 120 Washington, D.C. 20001 Telephone: (202) 879 -1120 SUBPOENA FOR A CIVIL CASE Plaintiff v. Defendant , CASE NUMBER: Check box if medical records are being requested To: YOU ARE COMMANDED to appear in this Court at the place, date, and time specified below to testify in the above case. COURTROOM AND ADDRESS DATE 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. PLACE OF DEPOSITION DATE TIME Any organization not a party to this suit that is subpoenaed for the taking of a deposition must designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person desi gnated, the matters on which each person will testify. Super. Ct. Civ. R. 30(b)(6). 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): DOCUMENTS OR OBJECTS PLACE OF PRODUCTION DATE TIME YOU ARE COMMANDED to permit inspection of the following premises at the date, and time specified below. PREMISES DATE TIME ISSUING PERSON’S SIGNATURE AND TITLE (indicate if attorney for plaintiff or defendant) DATE ISSUING PERSON’S NAME, ADDRESS AND PHONE NUMBER Authorization as required by D.C. Code §14-307 and Brown v. U.S. , 567 A.2d 426 (D.C. 1989), is hereby given for issuance of a subpoena for medical records concerning a person who has not consented to disclosure of the records and has not waived the pr ivilege related to such records. (See Super. Ct. Civ. R. 45 (c) and (d) on the reverse side) WHITE - FOR RETURN OF SERVICE YELLOW - FOR SERVICE CV-433A [Rev. June 2017] Super. Ct. Civ. R. 45 Case Num ber: Court Date: PROOF OF SERVICE Served Date Time Place Served on (Print Name) Title MANNER OF SERVICE (attach the return receipt if service was made by registered or certified mail) I served the subpoena by delivering a copy to the named person as follows: DECLARATION OF SERVER I declare under penalty of perjury under the laws of the District of Columbia that I am at least 18 years of age and not a party to the above entitled case and that the foregoing information contained in the Proo f of Service is true and correct. Executed on Date Signature of Server Address of Server Super. Ct. Civ. R. 45(c) and (d) : (c) PROTECTING A PERSON SUBJECT TO A SUBPOENA; ENFORCEMENT . (1) Avoiding Undue Burden or Expense; Sanctions . A party or attorney responsible for issuing and serving a subpoena must ta ke reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court must enforce this duty and impose an appropriate sanction —which may include lost earnings and reasonable attorney's fees —on a party or attorney who fails to comply . (2) Command to Produce Materials or Permit Inspection . (A) Appearance Not Required . A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for deposition, he aring, or trial. (B) Objections . A person commanded to produce documents, electronically stored information, or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copyin g, testing or sampling any or all of the materials or to inspecting the premises —or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 da ys after the subpoena is served. If objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the court for an order compelling production or inspection. (ii) These acts may be required onl y as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena . (A) When Required . On timely motion, the court must quas h or modify a subpoena that: (i) fails to allow reasonable time to comply; (ii) requires a person who is neither a party nor a party’s officer to travel more than 25 miles from where that person resid es, is employed, or regularly transacts business in per son —except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place to the place of trial; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted . To protect a person subject to or affected by a subpoena, the court may, on motion, quash or modify the subpoena if it requ ires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and resu lts from the expert's study that was not requested by a party; or (iii) a person who is neither a party nor a party’s officer to incur substantial expense to travel more than 25 miles to atte nd trial. (C) Specifying Conditions as an Alternative . In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated . (d) DUTIES IN RESPONDING TO A SUBPOENA. (1) Producing Documents or Electronically Stored Information . These procedures apply to producing documents or electronically stored information: (A) Documents . A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of busines s or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified . If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form . The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information . The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective or der, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2) (C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection . (A) Information Withheld . A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial -preparation materials must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing in formation itself privileged or protected, will enable the parties to assess the claim. (B ) Information Produced . If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial -preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the infor mation if the party disclosed it before being notified; and may promptly present the information under seal to the court for a determinatio n of the claim. The person who produced the information must preserve the information until the claim is resolved.