COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. United States Bankruptcy Court Index No. : District of Colorado : In re: Debtor(s). Calendar No. SUBPOENA IN AN : ADVERSARY PROCEEDING JUDICIAL SUBPOENA Plaintiff(s) -against- : Bankruptcy Case No. : Plaintiff(s), Adversary :Proceeding No. Defendant(s) : . . . . . . . . . . . . . . . . . . . . vs.. . . . . . . . . . . . . . . . . . . . . . Chapter . . . .. ....... Defendant(s). To: THE PEOPLE OF THE STATE OF NEW YORK TO [ ] YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place, date, and time specified below to testify in the above adversary proceeding. Place GREETINGS: Courtroom United States Bankruptcy Court 721 19th Street Denver, CO 80202-2508 Date and Time WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a at the Court [ ] YOU Honorable located County of above adversary proceeding. at deposition in the in , on the day of , 20 , at o'clock in the Timenoon, and at any recessed Place room Date and or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to [ ] YOU ARE COMMANDED to produce and permit inspection maximum penalty of $50 and all damages sustained as a the party on whose behalf this subpoena was issued for a and copying of the following document s or objects at the place, date, and your failure to below (list documents or objects). result of time specified comply. Place Witness, Honorable Court in County, Date and Time , one of the Justices of the day of , 20 [ ] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. Premises (Attorney must sign above and type name below) Date and Time Attorney(s) for Any subpoenaed organization not a party to this adversary proceeding 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)(5) made applicable in adversary proceedings by Rule 7030, Office and P.O. Address Fed. R. B. P. Issuing Officer's Signature and Title Issuing Officer's Name, Address, and Telephone Number Date Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. Proof of Service Date Served : Plaintiff(s) -against- Calendar No. : Place JUDICIAL SUBPOENA : : Served On (Print Name) Manner of Service : : Served By. (Print .Name). . . . . . . . . . . . . . . . . . . . . . .Defendant(s) . . . . . . . Title .... .... .... .......... Declaration of Server THE PEOPLE OF THE STATE OF NEW YORK I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the TO Proof of Service is true and correct. Executed on GREETINGS: Date Signature of Server WE COMMAND YOU, that all business andAddress ofbeing laid aside, you and each of you attend before excuses Server , the Honorable at the Court located at County of P. (Parts (c) & (d) made applicable in cases under the Bankruptcy Code by Rule 9010, Fed. R. B. P. Rule 45, Fed. R. Civ. in room , on the day of , 20 , at o'clock in the noon, and at any recessed (c) PROTECTION OF PERSONS SUBJECTevidence as a witness in this action on the part of the or adjourned date, to testify and give TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and of a party to travel to a place more than 100 miles from the place where service of a subpoena shall take reasonable steps to avoid imposing that person resides, is employed or regularly transacts business in undue burden or expense on a person subject to that subpoena. The person, except that, subject to the provisions of clause (c)(3)(B)(ii) of court on behalf of which the subpoena was issued shall enforce this duty this rule, such a person may in order to attend trial be commanded to Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to and impose upon the party or attorney in breach of this duty an travel from any such place within the state in which the trial is held, or the sanction, which maybehalf this is not limited to, lost party on whose include, but subpoena was issued for a maximum penalty disclosure of privileged or other protected as a appropriate (iii) requires of $50 and all damages sustained result reasonable attorney's fee. of your failure to comply. earnings and a matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (2)(A) A person commanded to produce and permit inspection Witness, Honorable , one of the Justices of the (B) If a subpoena and copying of designated books, papers, documents, or tangible things, (i) requires disclosure of a trade secret or other confidential research, Court premises need not County, person day of of , 20 or inspection ofin appear in at the place development, or commercial information, or production or inspection unless commanded to appear for deposition, (ii) requires disclosure of an unretained expert's opinion or hearing, or trial. information not describing specific events or occurrences in dispute and resulting (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 of 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 entitled 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 subpoena was 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 from the expert's study made not at the request of any party, or (iii) requires person who is not a party or below) (Attorney mustasign above and type namean officer of a party to incur substantial expense to travel more than 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 Attorney(s) for hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA (1) A person responding to a subpoena to produce documents shall produce Office and P.O. Address 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 Telephone No.: privileged or subject to protection as trial preparation materials,the claim shall be made expressly and shall be supported by a description of the nature of the Facsimile No.: documents, communications, or things not produced that is sufficient to enable the E-Mail Address: demanding party to contest the claim. Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com