Document Z4LpKg4K56V4Q6nrOv31nrBjd

#* Uniteti >tate 23 istrici CourtAO8(Rev. 11/91)Subpoena InaCM EASTERN DISTRICT OF MISSOURI WILLIAM GAFFY V. PETER MONTAGUE', et al. SUBPOENA IN A CIVIL CASE 91-1938-C-7 JCH CASE NUMBER: George Roush TO: 10 Babbler Lane St. Louis, MO 63124 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 Elk 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 . __ Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis, Missouri 63102 DATE AND TIME December 1, 1993 at 10:00 a.m. S k 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 DATE AND TIME PEvans & Dixon, 200 North Broadway, Suite 1200, St. Louis, M i s s o u r i 63102 December 1, 1993 at 10:00 a.m. D YOU ARE COMMANDED 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 matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAIN TIFF OR DEFENDANT) DATE ISSUING OFFICER S NAMF ADORF^C AMD PM ftw F N I J M R F R John A. Micnener, Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis, 'Missouri 63102 621-7755 /C o AO 8fl ( 11/91) Subpoena in a Civil Case SERVED SERVED ON (PRINT NAME) DATE SERVED BY (PRINT NAME) - PROOF OF SERVICE PLACE M ANNER O F SERVICE TITLE DECLARATION OF SERVER I declare 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 o n _______________________ _______________________________________________________________ . DATE SIGNATURE OF SERVER ADDRESS OF 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 forthe 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 appropnate sane* 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 tnal be commanded to travel from any such place within the state in which the tnal is held, or (i) 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 for compliance if such time is less than 14 days after service, serve upon the party or at torney designated in the subpoena wntten objection to inspection or copying of any or all of the designated matenals 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 Issued. If ob jection has been made, the party serving the subpoena may, upon notice (I) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained ex pert's opinion or in formation not descnbmg 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 at tend tnal, th 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 shows a substantial need for the testimony or matenal that cannot be otherwise met without un due 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. to the person commanded to produce, move at any time for an order (d) DUTIES IN RESPONDING TO SUBPOENA. 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. (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 a subpoena was Issued shall quash or modify the subpoena If It (2) When Information subject to a subpoena is withheld on a claim that ft Is privileged or subject to protection as trial preparation matenals, '* (I) fails to allow reasonable time for compliance; the claim shall be made expressly and shall be supported by a descrip n ^ (II) requires a person who Is note party or an officer of a party tion 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 parry to contest the L- person resides, is employed or regularly transacts business in per- claim.