Document J39gKpZ1BKamYeZKMk1kjvQZ6

AO U (Rv. 11/91) Subpoena In a C M U n it e t i > ta te B t t r ic t .C o u r t EASTERN ' p is rn irrn F ' MISSOURI WILLIAM GAFFEY - - v. PETER MONTAGUE'/ et al. > * s t SUBPOENA IN A CIVIL CASE 9 1 -1 9 3 8 - C - 7 JCH CASE NUMBER: James K . Collins TO: Monsanto Company . ,.v:. 8 0 0 North Lindbergh Blvd. , St. Louis, MO 6 3 1 6 7 , . *, 1 - tl - 1i ; t ^ -.tf r \1 YOU ARE COMMANDED to appear in the United States District Court at the place, date, and tim e specified below to te stify In the above case. PLACEOPTESTIMONY '- r COURTROOM ^ , r yi}*-* v` ' *' 1 " DATEANOTIME 5Ek YOU A R E CO M M AN D ED 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 Evans & Dixon, 200 North Broadway, St. Louis, Missouri 63102 . Suite ------------- -------- _ DATE AND TIME 1200, November 16, 1993 at 3;00 p.m;......... 2 YOU ARE C O M M AND ED 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): ^ ^ SEE ATTACHMENT A '[ j ... ..........____________;j,v.._ : PLACE Evans & Dixon, 200 North Broadway, Suite 1200, 3t. Louis, Missouri 631Q2 DATE AND TIME November 16, 1993 at 3:00 p.m. D YOU ARE C O M M A N D ED to permit inspection of the following premises at the date and time specified below. PREMISES 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 mailers on which the person will testify. Federal Rules of Civil Procedure, 30(b) (6). ISSUING OFFICER SIGNATURE AND TITLE (INDICATE (F ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE IwSShUuINi hG OwFmFIwCiE,mR'dS Nn pAMMEL. AADuDuRnEcSaS) Aa nMwD PmHuOnNcE Nn uUwMBp Ec Rn t ^ t _ John A. .Michener, Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis "Missouri 63102 621-7755 A O 8fl ( 11/91) Subpoena in a Civil Case ; SERVED SERVED ON (PRINT HAMQ DATE i SERVED BY (PRINT NAME) ` . J - PROOF OF SERVICE PUCE MANNER OF SERVICE TITLE DECLARATION OF SERVER 1declare under penalty of perjury under the laws of the United States of America that the foregoing information con* tained in the Proof of Service is true and correct. ... ,^ Executed on _ , _________________ _ DATE ______________________ ,, SIGNATURE OF SERVER I______________________ ADDRESS OF SERVER R u le 45, Federal R u le s of Civil Procedure, Parts C & D: (c) PROTECTION O F P E R S O N S SUBJECT TO SU B P O E N A S. son, except that, subject to the provisions of clause (c)(3)(B) (iii) of * 0 ) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue bur den 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 sane* tlon, which may Include, but Is not limited to, lost earnings and a rea sonable attorney's fee. this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (ili) requires disclosure of privileged or other protected mat ter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (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 pro duction or inspection unless commanded to appear for deposition, hear ing 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 the subpoena or before the time specified lor compliance if su ch time is less than 14 days after service, serve upon the party or at torney designated In the subpoena written objection to inspection or copying of any or all of the designated materi^s or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pur suant to an order of the court by which the subpoena was Iss ued. If ob jection has been made, the party serving the subpoena may, upon notice (i) requires disclosure of a trade secret o r other confidential research, development, or commercial Information, or (ii) requires disclosure of an unretained expert's opinion or in formation 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 offieerof a party to incur substantial expense lo travel more than 100 miles to at tend trial, th6 court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party In whose behalf the subpoena Is issued show s a substantial need for the testimony or material that cannot be otherwise met without un due hardship and assures that the person to w hom the subpoena Is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. to the person commanded to produce, move at any time for an order (d) DUTIES IN R E SP O N D IN G TO SU B P O EN A . .to compel the production. Such an order to compel production shall pro tect any person who Is not a party or an officer of a party from signifi cant expense resulting from the inspection and copying commanded, (3) (A) On timely motion, the court by which a subpoena w as Issued shall quash o r modify the subpoena If It (I) falls 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 per- (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) W hen 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 descrip tion of the nature of the documents, communications, or things not pro duced that Is sufficient to enable the demanding party to contest the claim. %