Rule 1.1901 ­ Form 13: Subpoena Form to Testify at Deposition or Produce Documents THE IOWA DISTRICT COURT FOR Name(s) Plaintiff/Petitioner vs. Name(s) Defendant/Respondent ) ) ) ) ) ) ) No. SUBPOENA TO TESTIFY AT A DEPOSITION OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION COUNTY To: __________________________________ YOU ARE COMMANDED to appear at the time, date, and place specified below to testify at a deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other person who consents to testify on your behalf about the following matter, or those set forth in an attachment: Place: ________________________________________________________________ Date: ____________________________ Time: ____________________________ The deposition will be recorded by this method: _________________________________________ You or your representative must also bring with you to the deposition the following books, documents, electronically stored information, or tangible things, and permit their inspection, copying, testing, or sampling of the material: Form of electronically stored information to be produced: ________________________________________ Date: _______________________ ________________________________________ Signature of Clerk of the District Court OR ________________________________________ Attorney's signature PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at _______________. (If you are hearing impaired. call Relay Iowa TTY at 1-800-735-2942). The name, address, e-mail, and telephone number of the attorney representing (name of party)_________________ _____________________________________, who issues or requests this subpoena: ____________________________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com Rule 1.1901 ­ Form 13: Subpoena Form to Testify at Deposition or Produce Documents THE IOWA DISTRICT COURT FOR Name(s) Plaintiff/Petitioner vs. Name(s) Defendant/Respondent ) ) ) ) ) ) ) No. PROOF OF SERVICE OF SUBPOENA TO TESTIDY AT A DEPOSITION OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION COUNTY PROOF OF SERVICE This subpoena for (name of individual and title, if any) ___________________________________________ was received by me on (date)___________________. I personally served the subpoena on the individual at (place) _____________________________________ ___________________________________ on (date) __________________; or I left the subpoena at the individual's dwelling house or usual place of abode with (name) ______________ ________________________________, a person residing therein who is at least 18 years old; or I served the subpoena on (name of individual) __________________________________________, who is designated by law to accept service of process on behalf of (name of organization)___________________ __________________________________ on (date)________________; or I returned the subpoena unexecuted because ____________________________________________; or Other (specify): WITNESS FEES No witness fee requested or required under Iowa Code section 622.74. I have tendered to the witness fees for one day's attendance in the amount of $_____________and the mileage allowed by law in the amount of $ __________________, for a total of $_________________. My fees are $ _____________ for travel and $______________ for services, for a total of $ _________________. I declare under penalty of perjury that this information is true. Date: ________________________ _______________________________________________ Server's signature _______________________________________________ Printed name and title _______________________________________________ Server's address Additional information regarding attempted service, etc.: CERTIFICATE OF SERVICE The undersigned hereby certifies that a genuine copy of the foregoing document was served upon the persons named below and at the address indicated on the ___ day of _________, 20__ by the following method__________ _____________________________________________________________________________________________: Name and address of party or attorney: ____________________________________________________________ Signature of server American LegalNet, Inc. www.FormsWorkFlow.com Iowa Rules of Civil Procedure 1.1701(4) and 1.1701(5) 1.1701(4) Protecting a person subject to a subpoena. a. 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 issuing court 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. b. Command to produce materials or permit inspection. (1) 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. (2) 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 before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: 1. At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. 2. These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. c. Attendance. Any party shall be permitted to attend at the same time and place and for the same purposes specified in the subpoena. No prior notice of intent to attend is required. d. Quashing or modifying a subpoena. (1) When required. On timely motion,