Form 20 Subpoena {20}

Form 20-1 S U B P O E N A United States Court of International Trade : : v. : COURT NUMBER: : : : TO: G YOU ARE COMMANDED to appear in the United States Court of International Trade at the place, date, and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME G 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 DATE AND TIME G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at at the place, date, and time specified below (list documents or objects): PLACE DATE AND TIME G 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. Rule 30(b)(6). ISSUING OFFICERS SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE ISSUING OFFICERS NAME, ADDRESS AND PHONE NUMBER (See Rule. 45(c) , (d), and (e) on Reverse) <<<<<<<<<********>>>>>>>>>>>>> 2 Form 20-2 PROOF OF SERVICE DATE PLACE SERVED SERVED ON (PRINT NAME) MANNER OF SERVICE SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America 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 (c), (d), and (e): protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and (B) If a subpoena service of a subpoena shall take reasonable steps to avoid imposing (i) requires disclosure of a trade secret or other confidential research, development, or commercial undue burden or expense on a person subject to that subpoena. The court shall enforce this duty and impose upon the party or attorney information, or in breach of this duty an appropriate sanction, which may include, (ii) requires disclosure of an unretained experts opinion or information not describingspecific events or occurrences but is not limited to, lost earnings and a reasonable attorneys fee. (2)(A) A person commanded to produce and permit inspection in dispute and resulting from the experts study made not at and copying of designated books, papers, documents or tangible the request of any party, or (iii) requires a person who is not a party or an officer of things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for a party to incur substantial expense to travel more than deposition, hearing or trial. 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, modify the subpoena or, if the party in whose behalf the within 14 days after service of the subpoena or before the time subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena undue hardship and assures that the person to whom the written objection to inspection or copying of any or all of the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon designated materials or of the premises. If objection is made, the specified conditions. party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of(d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents the court. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, shall produce them as they are kept in the usual course of business move at any time for an order to compel the production. Such an or shall organize and label them to correspond with categories in the demand. order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from (2) When information subject to a subpoena is withheld on a the inspection and copying commanded. claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported (3)(A) On timely motion, the court shall quash or modify the subpoena if it by a description of the nature of the documents, communications, or (i) fails to allow reasonable time for compliance; things not produced that is sufficent to enable the demanding partyi to contest the claim. (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 (e) Contempt. place where that person resides, is employed or regularly Failure by any person without adequate excuse to obey a subpoena transacts business in person, except that, subject to the served upon that person may be deemed a contempt of the court. provisions of clause (c)(3)(B)(iii) of this rule, such a person An adequate cause for failure to obey exists when a subpoena may in order to attend trial be commanded to travel from purports to require a non-party to attend or produce at a place not any such place, or within the limits provided by clause (ii) of subparagraph (c)(3)(A). (iii) requires disclosure of privileged or other (As amended June 19, 1985, eff. Oct. 1, 1985; July 28, 1988, eff. Nov. 1, 1988; Oct. 3, 1990, eff. Jan. 1, 1991; Sept. 25, 1992, eff. Jan. 1, 1993; Sept. 30, 2003, eff. Jan. 1, 2004.