COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. UNITED STATES COURT OF: APPEALS JUDICIAL SUBPOENA Plaintiff(s) FOR THE TENTH CIRCUIT -against- : : : Defendant(s) : ...................................................... Plaintiff/Petitioner - Appellant, Case No. __________________ THE PEOPLE OF THE STATE OF NEW YORK v. TO Appellant/Petitioner’s Opening Brief and Application for Certificate of Appealability GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Defendant/Respondent - Appellee. , the Honorable at the Court located at County of in room , on the day of , 20 , 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 NOTICE AND INSTRUCTIONS If you proceed on appeal pro se, the court will accept a properly completed Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Form on whose behalf this subpoena was issued for maximum to guide you in all damages the partyA-12 in lieu of a formal brief. This form ais intendedpenalty of $50 and presenting sustained as a your appellate issues and result of your failure to comply.arguments to the court. If you need more space, additional pages may be attached. A short statement of each issue presented for review should Witness, Honorable one of the This brief precede your argument. Citations to legal authority may also be ,included. Justices of the Court in fully set forth all of theday of County, 20 should arguments that ,you wish the court to consider in connection with this case. (Attorney must not be and type name An New issues raised for the first time on appeal generally will sign aboveconsidered.below) appeal is not a retrial but rather a review of the proceedings in the district court. A copy of the completed form must be served on all opposing counsel and on all unrepresented parties and a proper certificate of service furnished toAttorney(s) for form certificate is this court. A attached. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : APPELLANT/PETITIONER’S OPENING BRIEF SUBPOENA JUDICIAL Plaintiff(s) -against- : 1. Statement of the Case. (This should be a brief summary of the proceedings in the district court.) : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO 2. Statement of Facts Relevant to the Issues Presented for Review. GREETINGS: 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 in room , on the day of , 20 , 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 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.: Page 2 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 3. Statement of Issues. a. Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : First Issue: : : Argument and Authorities: Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: b. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Second Issue: , the Honorable at the Court located at County of in room , on the day of , 20 , 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 Argument and Authorities: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.: Page 3 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 4. Do you think the district court applied the wrong law? If so, what law do you JUDICIAL SUBPOENA Plaintiff(s) want applied? -against- : : : 5. Did the district court incorrectly decide the facts? If so, what facts? Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK 6. Did the district court fail to consider important grounds for relief? If so, what TO grounds? GREETINGS: 7. DoWE COMMANDthere are all business and excuses being laid aside, you and each of you attend before you feel that YOU, that any other reasons why the district court’s judgment , the Honorable at the Court was wrong? If so, what? located at County of in room , on the day of , 20 , 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 8. What action do you w ant this court to take in your case? Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable , one of the Justices of the Court in you thinkCounty, day of 20 9. Do the court should hear oral, argument in this case? If so, why? (Attorney must sign above and type name below) Attorney(s) for _________________________ Date ___________________________________ Signature Office and P.O. Address Telephone A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.: Page 4 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : CERTIFICATE OF SERVICE JUDICIAL SUBPOENA Plaintiff(s) -against- : I hereby certify that on ____________________________ I sent a copy of (date) : the Appellant/Petitioner’s Opening Brief to _____________________________ : ________________________________, at _______________________________ Defendant(s) : . .(Opposing. Party .or. Attorney) . . . . . . . . . . . . . . . . . . . . . . . . . ......... ..... . ......... _________________________________________, the last known address, by United States THE or courier. THE PEOPLE OF mail STATE OF NEW YORK TO _________________________ Date GREETINGS: ___________________________________ Signature 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 in room , on the day of , 20 , 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 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00No.: Page 5 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : NOTICE AND INSTRUCTIONS : Defendant(s) : . .Your. application. for . . certificate. of .appealability. will .be evaluated by the court using .... .......... ...a ......... .. ........... .... . these standards: THE PEOPLE OF THE STATE OF NEW YORK Certificate of Appealability. There must be a substantial showing of the denial TO a constitutional right by demonstrating that the issues raised are debatable among of jurists, that a court could resolve the issues differently, or that the questions deserve further proceedings. 28 U.S.C. § 2253(c); Lennox v. Evans, 87 F.3d 431 (10th Cir. 1996). GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court FAILURE TO SET FORTH FACTS AND ARGUMENTS SHOWING located at County of inTHAT YOU MEET THE APPROPRIATE STANDARD WILLthe room , on the day of , 20 , at o'clock in SUBJECT and at any recessed noon, YOUR APPEAL TO and give evidence as a witness in this action on NOTICE. DISMISSAL WITHOUT FURTHER the part of the or adjourned date, to testify You may use this form to furnish a statement of the case, the issues you intend to raise on appeal, and comply with this subpoena ismeets the applicable standards. The form you liable to Your failure to the reasons your appeal punishable as a contempt of court and will make is intended to guide you subpoena was issued for a maximum penalty of $50 and space to the party on whose behalf thisin meeting the above standards. If you need more all damages sustained as a result of your failure to comply. answer, additional pages may be attached. The information you furnish, together with the full record of the proceedings in the district court, will be the basis for this court’s Witness, should bear , but rather a review decision. You Honorable in mind that an appeal is not a retrial, one of the Justices of the Court in district court’s judgment and record of proceedings. County, day of , 20 of the (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00 Page 6 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : APPELLANT/PETITIONER’S APPLICATION FOR SUBPOENA JUDICIAL Plaintiff(s) A CERTIFICATE OF APPEALABILITY -against- : 1. Statement of the Case. (This should be a brief summary of the proceedings in : the district court.) : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO 2. Issues to be Raised on Appeal. (New issues raised for the first time on appeal generally will not be considered.) GREETINGS: 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 in room , on the day of , 20 , 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 3. Summary of Your Argument Showing that Your Appeal Meets the Appropriate Standards. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) 4. Do you think the district court applied the wrong law? If so, what law do you want applied? Attorney(s) for Office and P.O. Address A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00 Page 7 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : 5. Did the district court incorrectly decide the facts? If so, what facts? : : Defendant(s) : ...................................................... 6. Did the district court fail to consider THE PEOPLE OF THE STATE OF NEW YORK important grounds for relief? If so, what grounds? TO GREETINGS: 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 7. Do you feel that there are any other reasons w hy the district court’s in room , on the day of , 20 , at o'clock in the noon, and at any recessed orjudgmentdate, to testify and give evidence as a witness in this action on the part of the adjourned was wrong? If so, what? Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00 Page 8 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 8. What action do you w ant this court to take in your case? JUDICIAL SUBPOENA Plaintiff(s) -against- : : : Defendant(s) : ...................................................... 9. Were you required to seek and exhaust administrative remedies prior to filing your claim in district court? If yes, what steps did you take to exhaust THE PEOPLE OF THE STATE OF NEW YORK those remedies? TO GREETINGS: 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 in room , on the day of , 20 , 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 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable _________________________ Court in County, day of Date , one of the Justices of the ___________________________________ , 20 Signature (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00 Page 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : CERTIFICATE OF SERVICE JUDICIAL SUBPOENA Plaintiff(s) -against- : : I hereby certify that on _____________________ I mailed a copy of : (date) the Certificate of Appealability: Defendant(s) : ...................................................... to ____________________________________, at__________________________ THE PEOPLE OF THE STATE OF NEW YORK ________________________________________, the last known address. TO GREETINGS: WE COMMAND YOU, that _________________________ all business and excuses being laid aside, you and each of you attend before ___________________________________ , the Honorable at the Court Date Signature located at County of in room , on the day of , 20 , 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 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address A-15 Appellant/Petitioner’s Opening Brief and Certificate of Appealability 4/00 Page 10 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com