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Authority to Take a Rule 2004 Exam: FRBP 2004 provides parties with the opportunity to conduct an examination of a person and/or documents, even though an adversary proceeding has not been filed.
Disclose information only to the extent expressly requested. Contact the party issuing the subpoena by both phone and email to obtain satisfactory written assurances and document the process. Omit disclosure of a patient's psychotherapy notes unless there is a valid court order.
Provide copies of the requested documents. If the subpoena lacks this detail, then you should provide photocopies of any documents instead of the original. If the subpoena is for an electronically stored information, then you must present it in its ordinarily maintained form or a form that is still usable to the court.
Producing Documents in Response to a Subpoena Notify relevant parties. Issue a legal hold for potentially responsive ESI. Challenge the subpoena if you choose to do so. Collect ESI for review. Review ESI for privilege, confidentiality, and responsiveness. Produce ESI to the issuing party.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by leaving a copy at the person's usual place of abode with some person of suitable age and discretion then residing therein and, if the person's attendance is commanded, by tendering to that person the fees ...
A subpoena is a court order requiring an individual provide documents as evidence or appear at a deposition.
Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.