COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. IASB-AP SBPNA[04/14/00] : Name, Address, Telephone No. & I.D. No. Index No. : : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : : UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF IOWA 110 East Court Avenue, Des Moines, IA 50309 In Re : Defendant(s) : ...................................................... BANKRUPTCY NO. Debtor. THE PEOPLE OF THE STATE OF NEW YORK ADVERSARY NO. Plaintiff(s) TO v. Defendants(s) GREETINGS: SUBPOENA IN AN ADVERSARY PROCEEDING TO: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place, date, and time specified below to in room , on the day , 20 , at o'clock in the noon, and at any recessed testify in the above adversary proceeding. of or adjourned date, to testify and give evidence as a witness in this action on the part of the PLACE 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 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to above adversary proceeding. PLACE the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a DATE AND TIME result of your failure to comply. YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, Witness, Honorable , one of the Justices of the date, and time specified below (list documents or objects): Court in County, day of , 20 (Attorney must sign above and type name below) PLACE DATE AND TIME YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PLACE Attorney(s) for AND TIME DATE 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)(6) made applicable to this proceeding by Rule 7030, Fed.R.Bankr.P. Office and P.O. Address ISSUING OFFICER SIGNATURE AND TITLE ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER IASB-AP SBPNA DATE Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. IASB-AP SBPNA(Page 2) [04/14/00] : CERTIFICATE OF SERVICE Index No. : I, the undersigned whose address appears below, certify: Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA That I am, and at all times hereinafter mentioned was, more than 18 years of age; -against- : That on _____ day of ______________, 20_____, I served a true copy of the within SUBPOENA IN AN ADVERSARY PROCEEDING by [describe here mode of service] : : on the following persons [set forth name and address of each person served]: Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: penalty of perjury that the foregoing is true and correct. I certify under Executed on COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before WE (Date) (Typed Name and Signature) , the Honorable at the Court located at County of in room , on the day of , 20 (Address) , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (City, State, ZIP Code) Rule 45, Fed.R.Civ.P., Parts (c) & (d) made applicable in cases under the Bankruptcy Code by Rule 9016, Fed.R.Bankr.P. punishable as a contempt of from the place where that you liable to PROTECTIONYour failure SUBJECT TO SUBPOENAS. OF PERSONS to comply with this subpoena is to travel to a place more than 100 miles court and will make person resides, (1) theAparty on whose responsible for subpoena was issued foremployed or regularly transacts business in person, except that, subject toas a party or an attorney behalf this the issuance and service is a maximum penalty of $50 and all damages sustained the of a subpoena shall take reasonable steps to avoid imposing undue burden provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend result of your failure to comply. or expense on a person subject to that subpoena. The court on behalf of trial be commanded to travel from any such place within the state in which the trial which the subpoena was issued shall enforce this duty and impose upon the is held, or party or attorney in breach of this duty an appropriate sanction, which may (iii) requires disclosure of privileged or other protected matter and no Witness, Honorable , include, but is not limited to, lost earnings and a reasonable attorney's fee. exception or waiver applies, or one of the Justices of the (2)(A) A person commanded to produce and permit inspection and (iv) subjects a person to undue burden. Court in County, day of , 20 copying of designated books, papers, documents or tangible things, or (B) If a subpoena inspection of premises need not appear in person at the place of production (i) requires the disclosure of a trade secret or other confidential research, or inspection unless commanded to appear for deposition, hearing or trial. development, or commercial information, or (B) Subject to paragraph (d)(2) of this rule, a person commanded (ii) requires disclosure of an unretained expert's opinion or information not to produce and permit inspection and copying may, within 14 days after describing specific events or occurrences type name and resulting from the (Attorney must sign above and in dispute below) service of the subpoena or before the time specified for compliance if such expert's study made not at the request of any party, or time is less than 14 days after service, serve upon the party or attorney (iii) requires a person who is not a party or an officer of a party to incur designated in the subpoena written objection to inspection or copying of any substantial expense to travel more than 100 miles to attend trial, the court may, to or all of the designated materials or of the premises. If objection is made, the protect a person subject to or affected by the subpoena, quash or modify the Attorney(s) for party serving the subpoena shall not be entitled to inspect and copy the subpoena or, if the party in whose behalf the subpoena is issued shows a materials or inspect the premises except pursuant to an order of the court by substantial need for the testimony or material that cannot be otherwise met without which the subpoena was issued. If objection has been made, the party undue hardship and assures that the person to whom the subpoena is addressed serving the subpoena may, upon notice to the person commanded to will be reasonably compensated, the court may order appearance or production produce, move at any time for an order to compel the production. Such an only upon specified conditions. order to compel production shall protect any person who is not a party or an (d) DUTIES IN RESPONDING TO SUBPOENA. Office and P.O. Address officer of a party from significant expense resulting from the inspection and (1) A person responding to a subpoena to produce documents shall copying commanded. produce them as they are kept in the usual course of business or shall organize (3)(A) On timely motion, the court by which a subpoena was issued and label them to correspond with the categories in the demand. shall quash or modify the subpoena if it (2) When information subject to a subpoena is withheld on a claim that (i) fails to allow reasonable time for compliance; it is privileged or subject to protection as trial preparation materials, the claim shall Telephone No.: supported by a description of the nature of the (ii) requires a person who is not a party or an officer of a party be made expressly and shall be documents, Facsimile No.: things not produced that is sufficient to enable communications, or the demanding party to contest the claim. E-Mail Address: (c) Mobile Tel. No.: IASB-AP SBPNA American LegalNet, Inc. www.USCourtForms.com