Fill and Sign the B 25 6 11 91 Form

B 25 6 (11 /91) United States Bankruptcy Court _______________ District Of _______________ In re _______________________________________ ,SUBPOENA IN A CASE UNDER Debtor THE BANKRUPTCY CODE Case No.1 _____________________________________ To:____________________________________________ Chapter ______________________________________ YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place , date a nd tim e spe cified b elow to testify in the above case. PLACE OF TESTIMONY COURTROOM DATE AND 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 AND TIME YOU ARE COMMANDED to pro duc e and perm it inspec tion an d co pying o f the follow ing do cum ents or objects at the place, date, and time specified below (list documents or objects): PLACE DATE AND TIME YOU ARE CO MM AND ED to permit inspection of the following premises at the date and time specified below. PREMISES DATE AND TIME Any organization not a party to this proceeding that is subpoenaed for the taking of a deposition shall des ignate one or more officers, directors, or managing ag ents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify, Fed. R. Civ. P. 30(b)(6) made applicable in proceedings by Rule 7030, Fed. R. Bankr. P. See Rules 1018 and 9014, Fed. R. Bankr. P. ISSUING OFFICE R SIGNATU RE AND TITLE DATE ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER 1 If the bankruptcy case is pending in a district other than the district in which the subpoena is issued, state the district under the case number. B 25 6 (11 /91) (co nt.)PROOF OF SERVICE DATE PLACE SERVED SERVED O N (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 Pro of of S ervice is true and corre ct. Executed on _______________________________ _________________________________________________ DATE SIGNATURE O F SERVER ____________________________________________ ______ ADDR ESS 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 is suance and service of a subpoena shall take reasonable steps to avoid imposing un due burden or expense on a person subject t o that subpoena . The court on behalf of which the subpoena was issued shall enforce this du ty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnin gs and a reasona ble atto rney’s fee. (2)( A) A person commanded to produce and permit inspection and copying of des ignated books, p apers, documents or tan gible things, or inspect ion of premises need not appear in p erson at the place of production or in spection unless commanded to ap pear for deposition, hearin g or trial. (B) Subject to para graph ( d)(2) of t his ru le, 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 compli ance if such time is less than 14 days after servi ce, 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 sh all not be entitled to inspect a nd copy the materials or inspect the premises except pursuant to an order of the court by which t he sub poena was issued . If objecti on has been made, the pa rty serving the sub poena m ay, upon notic e to the p erson com mand ed to produce, move at any time for a n order to comp el the prod ucti on. Suc h an ord er to compel production sh all protect any person who is not a party or an officer of a p arty from significant expense resulting from the inspection and c opying commanded. (3)( A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reason able tim e for compli ance;( ii) re quires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the pla ce where that person resides, is employed or regularly transacts business in person, except that, subject to the provisi ons of c lause (c)(3)(B)(iii) of this rule, such a person may in order to atte nd trial be commanded to travel from any such place within the sta te in which the tria l is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (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 unreta ined expert’s opinion or information not describing speci fic 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 pa rty t o incur substantial expense to trav el more that 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship a nd assures that the person to whom the subp oena is a ddressed will be reason ably comp en sated, the court may order appearance or production only upon specified conditions. (d) D UTIES IN RE SPOND ING TO SUB POEN A. (1) A person responding to a subpoena to produce documents shall produce them as they are kep t in th e usual c ourse of bu siness o r shall orga nize an d label them to correspond with the categories in the demand. (2) When information subject to a subpoena is with held on a claim that it is privileged or subject to protection as trial p reparation materials, t he claim shall be made express ly 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 contest the claim.