B2560 (Form 2560 ­ Subpoena to Testify at a Deposition in a Bankruptcy Case or Adversary Proceeding) (12/15) UNITED STATES BANKRUPTCY COURT _________________________________________ District of _________________________________________ In re __________________________________________ Debtor Case No. _____________________ (Complete if issued in an adversary proceeding) _________________________________________ Plaintiff Chapter ___________ v. __________________________________________ Defendant Adv. Proc. No. ________________ SUBPOENA TO TESTIFY AT A DEPOSITION IN A BANKRUPTCY CASE (OR ADVERSARY PROCEEDING) To: ________________________________________________________________________________________ (Name of person to whom the subpoena is directed) Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this bankruptcy case (or adversary proceeding). If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment: PLACE DATE AND TIME The deposition will be recorded by this method: Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material: The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are attached ­ Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: _____________ CLERK OF COURT OR ________________________ Signature of Clerk or Deputy Clerk ________________________ Attorney's signature The name, address, email address, and telephone number of the attorney representing (name of party) ____________________________ , who issues or requests this subpoena, are: Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things, or the inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4). American LegalNet, Inc. www.FormsWorkFlow.com B2560 (Form 2560 ­ Subpoena to Testify at a Deposition in a Bankruptcy Case or Adversary Proceeding) (Page 2) PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) I received this subpoena for (name of individual and title, if any): ______________________________________________ on (date) __________ . I served the subpoena by delivering a copy to the named person as follows: ____________________________________ ___________________________________________________________________________________________________ __________________________________ on (date) ___________________ ; or I returned the subpoena unexecuted because: ____________________________________________________________ ___________________________________________________________________________________________________ Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day's attendance, and the mileage allowed by law, in the amount of $ _______________________ . My fees are $ _________ for travel and $_________ for services, for a total of $_________ . I declare under penalty of perjury that this information is true and correct. Date: _______________ ________________________________________________ Server's signature ________________________________________________ Printed name and title ________________________________________________ Server's address Additional information concerning attempted service, etc.: American LegalNet, Inc. www.FormsWorkFlow.com B2560 (Form 2560 ­ Subpoena to Testify at a Deposition in a Bankruptcy Case or Adversary Proceeding) (Page 3) Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13) (made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure) (c) Place of compliance. (1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly transacts business in person, if the person (i) is a party or a party's officer; or (ii) is commanded to attend a trial and would not incur substantial expense. (2) For Other Discovery. A subpoena may command: (A) production of documents, or electronically stored information, or things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and (B) inspection of premises, at the premises to be inspected. (d) 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 take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required 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 a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, 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 be