Caputo v. Kern County Sheriff's Office
ORDER GRANTING Plaintiff's Motion for Issuance of Subpoena Upon Kern County Sheriff's Office By the United States Marshal Without Prepayment of Costs 46 , signed by Magistrate Judge Erica P. Grosjean on 7/6/17: 30-Day Deadline. (Attachments: # 1 AO 88B)(Hellings, J)
OAO88 (Rev. 1/94) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
SUBPOENA IN A CIVIL CASE
G YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below
testify in the above case.
PLACE OF TESTIMONY
DATE AND TIME
G YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION
DATE AND TIME
G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
DATE AND TIME
G YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition 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. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER’S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER
(See R ule 45, Federal R ules of C ivil Procedure, Parts C & D on next page)
If action is pending in district other than district of issuance, state district under case number.
AO88 (Rev. 1/94) Subpoena in a Civil Case
PROOF OF SERVICE
SERVED ON (PRINT NAME)
MANNER OF SERVICE
SERVED BY (PRINT NAME)
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Proof of Service is true and correct.
SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an attorney responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense
on a person subject to that subpoena. The court on behalf of which the subpoena
was issued shall enforce this duty and impose upon the party or attorney in breach
of this duty an appropriate sanction which may include, but is not limited to, lost
earnings and reasonable attorney’s fee.
(2) (A) A person commanded to produce and permit inspection and copying
of designated books, papers, documents or tangible things, or inspection of
premises need not appear in person at the place of production or inspection unless
commanded to appear for deposition, hearing or trial.
(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
subpoena or before the time specified for compliance if such time is less than 14
days after service, serve upon the party or 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 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 comply production shall protect any person who is not a party or an
officer of a party from significant expense resulting from the inspection and
(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 of a party to
travel to a place more than 100 miles from the place where that person resides,
is employed or regularly transacts business in person, except that, subject to the
provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to
trial be commanded to travel from any such place within the state in which the
trial is held, or
(iii) requires disclosure of privileged or other protected matter and
no exception or waiver applies, or
(iv) subjects a person to undue burden.
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential
research, development, or commercial information, or
(ii) requires disclosure of an unretained expert’s opinion or
information not describing specific events or occurrences in dispute and resulting
from the expert’s study made not at the request of any party, or
(iii) requires a person who is not a party or an 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 who behalf the subpoena is issued shows a
substantial need for the testimony or material that cannot be otherwise met
without undue 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
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
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
documents, communications, or things not produced that is sufficient to enable
the demanding party to contest the claim.
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