Fill and Sign the Subpoena in an Adversary Proceeding Form United States

1If the bankruptcy case or the adversary proceeding is pending in a district other than the district in which the subpoena is issued, state the district under the case number or adversary proceeding number. B 255 (11/91) United States Bankruptcy Court______________ District Of ______________ In re ________________________________________ , SUBPOE NA IN Debtor AN ADVERSARY PROCEEDING ________________________________________, Case No.1 __________________________________________ Plain tiff Chapter ___________________________________________ ________________________________________, Defendant To: ________________________________________ Adv. Proc. No. 1 _____________________________________ YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place, date and time sp ecified belo w to testify in the above adversary proceeding. 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 adversary proceeding. PLACE OF DEPOSITIONDATE AND TIME YOU ARE COMMANDED to produce and pe rmit 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 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 adversary proceeding that is subpoenaed for the taking of a deposition shall 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 designated, the matters on which the person will testify, Fed. R. Civ. P. 30(b)(6) made applicable in adversary proceedings by Rule 7030, Fed. R. Bankr. P. ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER B 255 (11/91) (cont.)PROOF OF SERVICE DATE PLACE SERVED SERVED O N (PRINT NAME) MANNER OF SERVICE SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER I dec lare un der p enalty o f perju ry und er the law s of the U nited S tates of A meric a that the fo rego ing inform ation c ontain ed in the P roo f of Serv ice is true a nd co rrect. 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 respons ible for the issuance an d service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject t o that subpoena . The court on behalf of which the subpoena was issued shall 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 earnin gs and a reasona ble atto rney’s fee. (2)( A) A person commanded to produce and permit inspection and copying of designated books, p apers, documents or tan gible things, or i nspection of premises need not appear in person at the place of production or inspection unless commanded to ap pear for deposition, hearin g or trial. (B) Subject to paragraph (d)(2) of this rule, a p erson com mand ed to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time speci fied for compliance if such time is less than 14 da ys after servi ce, serve up on the p arty or att orney design ated in the s ubpoena written objection to insp ection 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 and copy the materials or inspect the premises except pursuant to an order of the court by which the 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 an order to compel th e produ ction . Such an order to compel production sh all protect any person who is not a party or an officer of a party from sign ifica nt expen se resulti ng from th e i nspection and copying commanded. (3)( A) On time ly m otion, the court by which a subpoena was issued sh all quash or modify the subpoena if it (i) fails to allow reason able tim e for compli ance;(ii) requires a person who is not a part y or an offic er of a party to travel to a place more than 100 mil es from the place where that person resides, is employed or regularly transacts business in person, except that, subjec t to th e 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 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 describ ing 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 substanti al expense to travel more that 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify th e subpoena or, if the party in whose behalf the subpoena is issued shows a su bstan tial need for the testimony or material that can not be otherwise met without undue hardship and assures that the person to whom the subpoena is ad dressed will be re asonably compensated, 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 kept in the usual course of business or shall organiz e and lab el them to correspond with the categories in the demand. (2) When information subject to a sub poena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a descript ion of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.