Subpoena-Civil (Issued By Attorney)

1 CCO3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DISTRICT COURT CLARK COUNTY, NEVADA Plaintiff(s), CASE NO. -vsDEPT. NO. SUBPOENA ­ CIVIL REGULAR DUCES TECUM Defendant(s). THE STATE OF NEVADA SENDS GREETINGS TO: YOU ARE HEREBY COMMANDED that all and singular, business and excuses set aside, you appear and attend on the hour of .M. in Department No. day of , 20 at the of the District Court, Clark County, Nevada. The address where you are required to appear is the Regional Justice Center, 200 Lewis Avenue, Las Vegas, Nevada. Your attendance is required to give testimony 24 25 26 27 28 and/or to produce and permit inspection and copying of designated books, documents or tangible things in your possession, custody or control, or to permit inspection of premises. You are required to bring with you at the time of your appearance any items Subpoena_CIVIL_Attorney_Issue/10/21/2013 American LegalNet, Inc. www.FormsWorkFlow.com 1 set forth below. If you fail to attend, you may be deemed guilty of contempt of Court 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and liable to pay all losses and damages caused by your failure to appear. Please see Exhibit "A" attached hereto for information regarding the rights of the person subject to this Subpoena. By:______________________________________ Date AFFIDAVIT OF SERVICE STATE OF COUNTY OF ) ) ) ss: , being duly sworn says: That at all times herein affiant was over 18 years of age, not a party to nor interested in the proceeding in which this affidavit is made. That affiant received the Subpoena on the the same on the (state address) ... day of , 20 day of , 20 , and served by delivering a copy to the witness at 2 Subpoena_CIVIL_Attorney_Issue/10/21/2013 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXECUTED this day of , 20 . _______________________________________ Signature of person making service ITEMS TO BE PRODUCED 3 Subpoena_CIVIL_Attorney_Issue/10/21/2013 American LegalNet, Inc. www.FormsWorkFlow.com 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 issued 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 attorney's 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 expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's 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. 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 withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be 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 demanding party to contest the claim. American LegalNet, Inc. www.FormsWorkFlow.com (d)