Document Xzq7p7orDkjaKE7gn0z7B5BVK

mtri >tate$ Bttrict CourtAO 6fl(Rev. 11J91)Subpoena InaCM EASTERN DISTRICT OF_______M__I_S__S__O_U__R_I_ WILLIAM GAFFEY V. PETER MONTAGUE', et al. SUBPOENA IN A CIVIL CASE 91-1938-07 JCH CASE NUMBER: R. Emmett Kelly T0: R. Emmett Kelly & Associates 665 South Skinker .' St. Louis, MO 63105 _ i 1--I YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify In the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME B i 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 O F DEPOSITION . Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis, Missouri 63102 DATE AND TIME November 27, 1993 at 1:00 p.m. 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): SEE ATTACHMENT A Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis, Missouri 63102 DATE AND TIME November 27, 1993 at 1:00 p.m. Q YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE AN D 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 SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT! DATE ISSUING OFFICER'S N^ME. ADDRESS AND RHONE NUMBER . ,,,,,, . - _ ,,^ . John A. Michener, Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis `Missouri 63102 621-7755 (See Rule 45. Federal Rules of Civil Procedure. P e n t C t n i w o -- AO SS ( 1 tr91) Subpoena in a Civil Case . SERVED SERVED ON IPRINT NAME) DATE SERVED BY (PRINT NAME) - PROOF OF SERVICE PIACE MANNER OF-SERVJCE t it l e DECLARATION OF SERVER I declare under penalty of penury 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 o n _______________________ , DATE _______________________________________________ SIGNATURE OF SERVER ADDRESS OP SERVER Rule 45, Federal Rules of Civil Procedure, Parts C & D: (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. son, except that, subject to the provisions of clause (c)(3) (B)(iii) of * (1) 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 sanc tion, 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 w ithin the state in which the trial is held, o r (iii) 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 o f pro duction or inspection unless commanded to appear for deposition, hear ing or trial. (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 no t at the request of any party, o r (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after (iii) requires a person who is not a party o r an officer of a party to Incur substantial expense to travel more than 100 miles to at service of the subpoena or before the time specified for compliance if tend trial, th court may, to protect a person subject to or affected such time is less than 14 days after service, serve upon the party or at by the subpoena, quash or modify the subpoena or, it the party In torney designated In the subpoena written objection to inspection or whose behalf the subpoena Is issued shows a substantial need for copying of any or all of the designated materials o r of the premises. If the testimony or material that cannot be otherwise met without un 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 Issued. If ob jection has been made, the party serving the subpoena may, upon notice due hardship and assures that the person to whom the subpoena Is addressed w ill be reasonably compensated, the court may order appearance or production only upon specified conditions. to the person commanded to produce, move at any time fo r an order (d) DUTIES IN RESPONDING TO SUBPOENA. to compel the production. Such an order to compel production shall pro te ct any person who Is not a party or an officer of a party from signifi cant expense resulting from the inspection and copying commanded. (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. (3) (A) On timely motion, the court by which asubpoena was Issued shall quash o r modify the subpoena If It (2) When Information subject to a subpoena is withheld on a claim that It Is privileged or subject to protection as trial preparation materials, (i) fails to allow reasonable time for compliance; the claim shall be made expressly and shall be supported by adescrij> (II) requires a person who Is not a party or an officer o f a party tton of the nature of the documents, communications, or things not pro- to travel to a place more than 100 miles from the place where that duced that Is sufficient to enable the demanding party to contest the person resides. Is employed or regularly transacts business In per claim.