Subpoena In Case Under Bankruptcy Code | Pdf Fpdf Doc Docx | Colorado

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Subpoena In Case Under Bankruptcy Code | Pdf Fpdf Doc Docx | Colorado

Subpoena In Case Under Bankruptcy Code

This is a Colorado form that can be used for Bankruptcy Court within Federal.

Alternate TextLast updated: 3/30/2007

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United States Bankruptcy Court District of Colorado In re: SUBPOENA IN CASE UNDER THE BANKRUPTCY CODE Debtor(s). Bankruptcy Case No. Chapter To: [ ] YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place, date, and time specified.ecas cyptnkrubabelow to testify in the above Place Courtroom United States Bankruptcy Court 721 19th Street Date and Time Denver, CO 80202-2508 [ ] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a.asey ctcupkrbandeposition in the above Place Date and Time[ ] YOU ARE COMMANDED to produce and permit inspection and copying of the following document s or objects at theplace, date, and time specified below (list documents or objects). Place Date and Time[ ] YOU ARE COMMANDED to permit inspection of the following premises a t the date and time specified below. Premises Date and Time shall designate one or more officers, directors, orse cacyptrunkba Any subpoenaed organization not a party to this managing agents, or other persons who consent to testify on its behalf, and may set forth for each person designated theceero psthi) made applicable in 6matters on which the person will testify, Fed. R. Civ. P. 30(b)( by Rule 7030,gindFed. R. B. P. See Rules 1018 and 9014, Fed.R.Bankr.P. Issuing Officers Signature and Title Date Issuing Officers Name, Address, and Telephone Number <<<<<<<<<********>>>>>>>>>>>>> 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 theProof 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 9010, Fed. R. B. P.(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance andof a party to travel to a place more than 100 miles from the place whereservice of a subpoena shall take reasonable steps to avoid imposing that person resides, is employed or regularly transacts business inundue burden or expense on a person subject to that subpoena. The person, except that, subject to the provisions of clause (c)(3)(B)(ii) ofcourt on behalf of which the subpoena was issued shall enforce this dutythis rule, such a person may in order to attend trial be commanded toand impose upon the party or attorney in breach of this duty an travel from any such place within the state in which the trial is held, orappropriate sanction, which may include, but is not limited to, lost (iii) requires disclosure of privileged or other protectedearnings and a reasonable attorneys fee. matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents, or tangible things, (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research,or inspection of premises need not appear in person at the place of development, or commercial information, orproduction or inspection unless commanded to appear for deposition, (ii) requires disclosure of an unretained experts opinion orhearing, or trial. information not describing specific events or occurrences in dispute and resulting from the experts study made not at the 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 a party tocommanded to produce and permit inspection and copying may, within incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the14 days after service of the subpoena or before the time specified forsubpoena or, if the party in whose behalf the subpoena is issued shows a substantialcompliance if such time is less than 14 days after service, serve upon the need for the testimony or material that cannot be otherwise met without undueparty of attorney designated in the subpoena written objection to hardship and assures that the person to whom the subpoena is addressed will beinspection or copying of any or all of the designated materials or of thereasonably compensated, the court may order appearance or production only upon specified conditions.premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises (d) DUTIES IN RESPONDING TO SUBPOENAexcept pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may,(1) A person responding to a subpoena to produce documents shall produceupon notice to the person commanded to produce, move at any time for them as they are kept in the usual course of business or shall organize and label theman order to compel the production. Such an order to compel productionto correspond with the categories in the demand.shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials,the claim shall becommanded. made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the (3)(A) On timely motion, the court by which a subpoena was demanding party to contest the claim.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

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