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Proof Of Service 301.11 - Oregon
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PROOF OF SERVICE DATE PLACE SERVED SERVED ON (PRINT NAME) MANNER OF SERVICESERVED BY (PRINT NAME) TITLE DECLAR ATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information containedin the Proof of Service is true and correct. Executed on DATE SIGNATURE OF SERVER ADDRESS OF SERVERRule 45, Fed. R. Civ. P., Parts (c) & (d) made applicable in cases under the Bankruptcy Code by Rule 9016, Fed. R. Bankr. P.(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. 301.11 (11/93) provisions of clause (c)(3)(B)(iii) of this rule, such a person (1) A party or an attorney responsible for the issuance and service may in order to attend trial be commanded to travel from anyof a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protectedbehalf of which the subpoena was issued shall enforce this duty and matter and no exception or waiver applies, orimpose upon the party or attorney in breach of this duty an (iv) subjects a person to undue burden.appropriate sanction, which may include, but is not limited to, lost (B) If a subpoenaearnings and a reasonable attorneys fee. (i) requires disclosure of a trade secret or other confidential research, development, or commercial (2) (A) A person commanded to produce and permit inspection information, orand copying of designated books, papers, documents or tangible (ii) requires disclosure of an unretained experts opinionthings, or inspection of premises need not appear in person at the or information not describing specific events or occurrences inplace of production or inspection unless commanded to appear for dispute and resulting from the experts study made not at thedeposition, hearing or trial. request of any party, or (B) Subject to paragraph (d)(2) of this rule, a person (iii) requires a person who is not a party or an officer of acommanded to produce and permit inspection and copying may, party to incur substantial expense to travel more than 100within 14 days after service, serve upon the party or attorney miles to attend trial, the court may, to protect a person subjectdesignated in the subpoena written objection to inspection or copying to or affected by the subpoena, quash or modify the subpoenaof any or all of the designated materials or of the premises. If or, if the party in whose behalf the subpoena is issued showsobjection is made, the party serving the subpoena shall not be entitled a substantial need for the testimony or material that cannot beto inspect and copy the materials or inspect the premises except otherwise met without undue hardship and assures that thepursuant to an order of the court by which the subpoena was issued. person to whom the subpoena is addressed will be reasonablyIf objection has been made, the party serving the subpoena may, upon compensated, the court may order appearance or productionnotice to the person commanded to produce, move at any time for an only upon specified conditions.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(d) DUTIES IN RESP ONDING TO SUBPOENA.from significant 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 (3) (A) On timely motion, the court by which a subpoena was shall organize and label them to correspond with the categories in issued shall quash or modify the subpoena if it the demand. (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a(2) When information subject to a subpoena is withheld on a party to travel to a place more than 100 miles from the place claim that it is privileged or subject to protection as trial preparation where that person resides, is employed or regularly transacts materials, the claim shall be made expressly and shall be supported business in person, except that, subject to the by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.