Subpoena-Civil (Issued By Clerk)

1 CCO3 2 3 4 5 DISTRICT COURT 6 CLARK COUNTY, NEVADA 7 8 9 10 Plaintiff(s), CASE NO. 11 DEPT. NO. 12 -vs- SUBPOENA CIVIL 13 REGULAR DUCES TECUM 14 Defendant(s). 15 16 THE STATE OF NEVADA SENDS GREETINGS TO: 17 ________________________ _____________________ _______________________ 18 YOU ARE HEREBY COMMANDED that all and singular, business and excuses 19 20 set aside, you appear and attend on the day of , 20___ at the hour of .M. in Department No. of the District Court, Clark County, 21 22 Nevada. The address where you are required to appear is the Clark County 23 Courthouse, 200 South Third Street, Las Vegas, Nevada. Your attendance is required 24 to give testimony and/or to produce and permit inspection and copying of designated 25 books, documents or tangible things in your possession, custody or control, or to 26 27 permit inspection of premises. You are required to bring with you at the time of 28 your appearance any items set forth below. If you fail to attend, you may be deemed Subpoena_CIVIL_Clerk_I ssue.doc/1/14/2005 <<<<<<<<<********>>>>>>>>>>>>> 2 1 guilty of contempt of Court and liable to pay all losses and damages caused by your 2 failure to appear. Please see Exhibit A attached hereto for information regarding the 3 4 rights of the person subject to this Subpoena. 5 6 SHIRLEY B. PARRAGUIRRE, CLERK OF COURT 7 By:___________________________ ___________ 8 Deputy Clerk Date Submitted By: 9 10 ___________________________ ________ 11 Name Address City/State/Zip 12 Attorney for 13 AFFIDAVIT OF SERVICE 14 STATE OF ______ ) 15 )ss: COUNTY OF ______ ) 16 17 , being duly sworn says: That at all times herein 18 affiant was over 18 years of age, not a party to nor interested in the proceeding in 19 which this affidavit is made. That affiant received the Subpoena on the day of 20 , 20 , and served the same on the day of 21 , 20 by delivering a copy to the witness at (state 22 address) ____________________________ _______________ __________________ 23 ________________________ _____________________ _______________________ 24 ________________________ _____________________ _______________________ 25 . . . 26 27 28 2 Subpoena_CIVIL_Clerk_I ssue.doc/1/14/2005 <<<<<<<<<********>>>>>>>>>>>>> 3 1 I declare under penalty of perjury under the law of the State of Nevada that the 2 3 foregoing is true and correct. 4 EXECUTED this day of , 20 . 5 ____________________________ ___________ Signature of person making service 6 7 ITEMS TO BE PRODUCED 8 ________________________ _____________________ _______________________ 9 10 ________________________ _____________________ _______________________ 11 ________________________ _____________________ _______________________ 12 ________________________ _____________________ _______________________ 13 ________________________ _____________________ _______________________ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Subpoena_CIVIL_Clerk_I ssue.doc/1/14/2005 <<<<<<<<<********>>>>>>>>>>>>> 4 EXHIBIT A NEVADA RULES OF CIVIL PROCEDURE Rule 45 (c) Protection of Persons Subject to Subpoena. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was i ssued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorneys fee. (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 production or inspection unless commanded to appear for deposition, hearing 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 attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials 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 pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (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 place where that person resides, is employed or regularly transacts business in person, except that such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained experts opinion or information not describing specific events or occurrences in dispute and resulting from the experts study made not at the request of any party, the 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 material that cannot be otherwise met without undue 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. (d) Duties in Responding to Subpoena. (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. (2) When information subject to a subpoena is