CACB — Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding) (2560)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/2560.pdf

B2560 (Form 2560 – Subpoena to Testify at a Deposition in a Bankruptcy Case or Adversary Proceeding) (12/15) UNITED STATES BANKRUPTCY COURT _________________________________________ District of _________________________________________ In re __________________________________________ Debtor Case No. _____________________ (Complete if issued in an adversary proceeding) Chapter ___________

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Plaintiff
v. Adv. Proc. No. ________________

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Defendant

SUBPOENA TO TESTIFY AT A DEPOSITION IN A BANKRUPTCY CASE (OR ADVERSARY PROCEEDING)

To: ________________________________________________________________________________________ (Name of person to whom the subpoena is directed)

Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to

be taken in this bankruptcy case (or adversary proceeding). If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:

PLACE DATE AND TIME

The deposition will be recorded by this method:

Production: You, or your representatives, must also bring with you to the deposition the following documents,

electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material:

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are

attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date: _____________ CLERK OF COURT

OR
________________________ ________________________
Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, email address, and telephone number of the attorney representing (name of party) ____________________________ , who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things, or the inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

B2560 (Form 2560 – Subpoena to Testify at a Deposition in a Bankruptcy Case or Adversary Proceeding) (Page 2)

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any): ______________________________________________ on (date) __________ .

I served the subpoena by delivering a copy to the named person as follows: ____________________________________

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__________________________________ on (date) ___________________ ; or

I returned the subpoena unexecuted because: ____________________________________________________________

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Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ _______________________ .

My fees are $ _________ for travel and $_________ for services, for a total of $_________ .

I declare under penalty of perjury that this information is true and correct.

Date: _______________ ________________________________________________ Server’s signature

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Printed name and title

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Server’s address

Additional information concerning attempted service, etc.:

B2560 (Form 2560 – Subpoena to Testify at a Deposition in a Bankruptcy Case or Adversary Proceeding) (Page 3)

Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13) (made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance. (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's (1) For a Trial, Hearing, or Deposition. A subpoena may command a study that was not requested by a party. person to attend a trial, hearing, or deposition only as follows: (C) Specifying Conditions as an Alternative. In the circumstances (A) within 100 miles of where the person resides, is employed, or described in Rule 45(d)(3)(B), the court may, instead of quashing or regularly transacts business in person; or modifying a subpoena, order appearance or production under specified (B) within the state where the person resides, is employed, or regularly conditions if the serving party: transacts business in person, if the person (i) shows a substantial need for the testimony or material that cannot (i) is a party or a party’s officer; or be otherwise met without undue hardship; and (ii) is commanded to attend a trial and would not incur substantial (ii) ensures that the subpoenaed person will be reasonably expense. compensated.

(2) For Other Discovery. A subpoena may command: (e) Duties in Responding to a Subpoena. (A) production of documents, or electronically stored information, or things at a place within 100 miles of where the person resides, is employed, (1) Producing Documents or Electronically Stored Information. These or regularly transacts business in person; and procedures apply to producing documents or electronically stored (B) inspection of premises, at the premises to be inspected. information: (A) Documents. A person responding to a subpoena to produce(d) Protecting a Person Subject to a Subpoena; Enforcement. documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in (1) Avoiding Undue Burden or Expense; Sanctions. A party or the demand.attorney responsible for issuing and serving a subpoena must take (B) Form for Producing Electronically Stored Information Notreasonable steps to avoid imposing undue burden or expense on a person Specified. If a subpoena does not specify a form for producingsubject to the subpoena. The court for the district where compliance is electronically stored information, the person responding must produce it inrequired must enforce this duty and impose an appropriate sanction — a form or forms in which it is ordinarily maintained or in a reasonablywhich may include lost earnings and reasonable attorney's fees — on a usable form or forms.party or attorney who fails to comply. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored (2) Command to Produce Materials or Permit Inspection. information in more than one form. (A) Appearance Not Required. A person commanded to produce (D) Inaccessible Electronically Stored Information. The persondocuments, electronically stored information, or tangible things, or to responding need not provide discovery of electronically stored informationpermit the inspection of premises, need not appear in person at the place of from sources that the person identifies as not reasonably accessible becauseproduction or inspection unless also commanded to appear for a deposition, of undue burden or cost. On motion to compel discovery or for a protectivehearing, or trial. order, the person responding must show that the information is not (B) Objections. A person commanded to produce documents or tangible reasonably accessible because of undue burden or cost. If that showing isthings or to permit inspection may serve on the party or attorney designated made, the court may nonetheless order discovery from such sources if thein the subpoena a written objection to inspecting, copying, testing or requesting party shows good cause, considering the limitations of Rulesampling any or all of the materials or to inspecting the premises — or to 26(b)(2)(C). The court may specify conditions for the discovery.producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for (2) Claiming Privilege or Protection.compliance or 14 days after the subpoena is served. If an objection is made, (A) Information Withheld. A person withholding subpoenaedthe following rules apply: information under a claim that it is privileged or subject to protection as (i) At any time, on notice to the commanded person, the serving party trial-preparation material must:may move the court for the district where compliance is required for an (i) expressly make the claim; andorder compelling production or inspection.

trial-preparation material must:may move the court for the district where compliance is required for an (i) expressly make the claim; andorder compelling production or inspection.

trial-preparation material must:may move the court for the district where compliance is required for an (i) expressly make the claim; andorder compelling production or inspection. (ii) describe the nature of the withheld documents, communications, (ii) These acts may be required only as directed in the order, and the or tangible things in a manner that, without revealing information itselforder must protect a person who is neither a party nor a party's officer from privileged or protected, will enable the parties to assess the claim.significant expense resulting from compliance. (B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trial- (3) Quashing or Modifying a Subpoena. preparation material, the person making the claim may notify any party that (A) When Required. On timely motion, the court for the district where received the information of the claim and the basis for it. After beingcompliance is required must quash or modify a subpoena that: notified, a party must promptly return, sequester, or destroy the specified (i) fails to allow a reasonable time to comply; information and any copies it has; must not use or disclose the information (ii) requires a person to comply beyond the geographical limits until the claim is resolved; must take reasonable steps to retrieve thespecified in Rule 45(c); information if the party disclosed it before being notified; and may (iii) requires disclosure of privileged or other protected matter, if no promptly present the information under seal to the court for the districtexception or waiver applies; or where compliance is required for a determination of the claim. The person (iv) subjects a person to undue burden. who produced the information must preserve the information until the claim (B) When Permitted. To protect a person subject to or affected by a is resolved.subpoena, the court for the district where compliance is required may, on …motion, quash or modify the subpoena if it requires: (g) Contempt. The court for the district where compliance is required – and (i) disclosing a trade secret or other confidential research, also, after a motion is transferred, the issuing court – may hold in contemptdevelopment, or commercial information; or a person who, having been served, fails without adequate excuse to obey
the subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)