Subpoena {CV-433}

SUBPOENA Superior Court of the District of Columbia CIVIL DIVISION Check One: Civil Actions Branch 500 Indiana Ave., N.W. Room 5000 Washington, D.C. 20001 Telephone: (202) 879-1133 Landlord & Tenant Branch 510 4th Street, N.W. Room 110 Washington, D.C. 20001 Telephone: (202) 879-4879 Small Claims & Conciliation Branch 510 4th Street, N.W., Room 119 Washington, D.C. 20001 Telephone: (202) 879-1120 SUBPOENA FOR A CIVIL CASE Plaintiff v. CASE NUMBER: Assigned Judge: Calendar Number: Defendant , Check box if medical records are being requested To: ___________________________________________ YOU ARE COMMANDED to appear in this Court at the place, date, and time specified below to testify in the above case. COURTROOM AND ADDRESS& ADDRESS DATE TIME 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. METHOD FOR RECORDING TESTIMONY: PLACE OF DEPOSITION DATE 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. SCR-CIV 30(b)(6). YOU ARE COMMANDED to produce and permit inspection, copying, testing or sampling of the following documents, electronically stored information or tangible things at the place, date, and time specified below DOCUMENTS, ELECTRONICALLY STORED INFORMATION OR TANGIBLE THINGS: PLACE OF PRODUCTION DATE TIME YOU ARE COMMANDED to permit inspection of the following premises at the date, and time specified below. PREMISES DATE TIME ISSUING PERSON'S SIGNATURE AND TITLE (indicate if attorney for plaintiff or defendant) DATE ISSUING PERSON'S NAME, ADDRESS AND PHONE NUMBER (SEE RULE 45 c-d SUPERIOR COURT RULES OF CIVIL PROCEDURE ON THE REVERSE SIDE) WHITE - FOR RETURN OF SERVICE Form CV-433/Oct 2015 YELLOW - FOR SERVICE American LegalNet, Inc. www.FormsWorkFlow.com Case Number: _________________________ Court Date: ________________________ Authorization as required by D.C. Code §14-307 and Brown v. U.S., 567 A.2d 426 (D.C. 1989), is hereby given for issuance of a subpoena for medical records concerning a person who has not consented to disclosure of the records and has not waived the privilege related to such records. JUDGE Date Served Served on (Print Name) Time PROOF OF SERVICE Place Title MANNER OF SERVICE (attach the return receipt if service was made by registered or certified mail) I served the subpoena by delivering a copy to the named person as follows: DECLARATION OF SERVER I declare under penalty of perjury under the laws of the District of Columbia that I am at least 18 years of age and not a party to the above entitled case and that the foregoing information contained in the Proof of Service is true and correct. Executed on Date Signature of Server Address of Server RULE 45 SUPERIOR COURT RULES OF CIVIL PROCEDURE, Sections C&D: (c) PROTECTING A PERSON SUBJECT TO SUBPOENA. (1) Avoiding Undue Burden or Expense; Sanctions. A party or an attorney responsible for the issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court must enforce this duty and impose an appropriate sanction, which may include lost earnings and a reasonable attorney's fees on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for deposition, hearing or trial. (B) Objections. A person commanded to produce documents, electronically stored information, or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If objection is made, the following rules apply: (i) At any time, notice to the commanded person, the serving party may move the court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court must quash or modify a subpoena that: (i) fails to allow reasonable time to comply; (ii) requires a person who is neither a party nor a party's officer to travel more than 25 miles from where that person resides, is employed, or regularly transacts business in person except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place to the place of trial; or (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; or (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by party; or (iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 25 miles to attend trial. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. (d) DUTIES IN RESPONDING TO A SUBPOENA. (1) Producing Documents or Electronically Stored Information. T