AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURTfor the District of ))))))Plaintiffv.Civil Action No.(If the action is pending in another district, state where: Defendant District of )SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTIONTo: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 civil action. If you are an organization that is not a party in this case, you must designateone or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalfabout 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 permit their inspection, copying, testing, or sampling of thematerial:The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, areattached.Date: CLERK OF COURT ORSignature of Clerk or Deputy ClerkAttorney222s signatureThe name, address, e-mail, and telephone number of the attorney representing (name of party), who issues or requests this subpoena, are: American LegalNet, Inc. www.FormsWorkFlow.com AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)Civil Action No.PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)This subpoena for (name of individual and title, if any)was received by me on (date).I served the subpoena by delivering a copy to the named individual as follows:on (date); orI 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 alsotendered to the witness fees for one day222s 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.Date:Server222s signaturePrinted name and titleServer222s addressAdditional information regarding attempted service, etc: American LegalNet, Inc. www.FormsWorkFlow.com AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 3)Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)(c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party orattorney responsible for issuing and serving a subpoena must takereasonable steps to avoid imposing undue burden or expense on aperson subject to the subpoena. The issuing court must enforce thisduty and impose an appropriate sanction 227 which may include lostearnings and reasonable attorney222s fees 227 on a party or attorneywho fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to producedocuments, electronically stored information, or tangible things, orto permit the inspection of premises, need not appear in person at theplace of production or inspection unless also commanded to appearfor a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents ortangible things or to permit inspection may serve on the party orattorney designated in the subpoena a written objection toinspecting, copying, testing or sampling any or all of the materials orto inspecting the premises 227 or to producing electronically storedinformation in the form or forms requested. The objection must beserved before the earlier of the time specified for compliance or 14days after the subpoena is served. If an objection is made, thefollowing rules apply: (i) At any time, on notice to the commanded person, the servingparty may move the issuing court for an order compelling productionor inspection. (ii) These acts may be required only as directed in the order, andthe order must protect a person who is neither a party nor a party222sofficer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court mustquash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party222s officerto travel more than 100 miles from where that person resides, isemployed, or regularly transacts business in person 227 except that,subject to Rule 45(c)(3)(B)(iii), the person may be commanded toattend a trial by traveling from any such place within the state wherethe trial is held; (iii) requires disclosure of privileged or other protected matter, ifno exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected bya subpoena, the issuing court may, on motion, quash or modify thesubpoena if it requires: (i) disclosing a trade secret or other confidential research,development, or commercial information; (ii) disclosing an unretained expert222s opinion or information thatdoes not describe specific occurrences in dispute and results fromthe expert222s study that was not requested by a party; or (iii) a person who is neither a party nor a party222s officer to incursubstantial expense to travel more than 100 miles to attend trial. (C) Specifying Conditions as an Alternative. In the circumstancesdescribed in Rule 45(c)(3)(B), the court may, instead of quashing ormodifying a subpoena, order appearance or production underspecified conditions if the serving party: (i) shows a substantial need for the testimony or material thatcannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonablycompensated.(d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information.These procedures apply to producing documents or electronicallystored information: (A) Documents. A person responding to a subpoena to producedocuments must produce them as they are kept in the ordinarycourse of business or must organize and label them to correspond tothe categories in the demand. (B) Form for Producing Electronically Stored Information NotSpecified. If a subpoena does not specify a form for producingelectronically stored information, the person responding mustproduce it in a form or forms in which it is ordinarily maintained orin a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only OneForm. The person responding need not produce the sameelectronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The personresponding need not provide discovery of electronically storedinformation from sources that the person identifies as not reasonablyaccessible because of undue burden or cost. On motion to compeldiscovery or for a protective order, the person responding must showthat the information is not reasonably accessible because of undueburden or cost. If that showing is made, the court may nonethelessorder discovery from such sources if the requesting party showsgood cause, considering the limitations of Rule 26(b)(2)(C). Thecourt may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaedinformation under a claim that it is privileged or subject toprotection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents,communications, or tangible things in a manner that, withoutrevealing information itself privileged or protected, will enable theparties to assess the claim. (B) Information Produced. If information produced in response to asubpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify anyparty that received the information of the claim and the basis for it.After being notified, a party must