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Case 1:15-cv-07433-LAP Document 1320-31 Filed 01/03/24 Page 6 of 24 AQ 88B (Rey. 02/14) Subpacna to Produce Documents, Information, or Objects oF lo Permit Inspection of Premises in a Civil Action(Page 3) Federal Rule of Ciyil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13) (c) Place of Compliance, (1) for a Trial, Hearing, or Deposition. A subpoena may command a person to attend 2 trial, hearing, or deposition anly as follows: les of where the person resides, ts emipluyed, or 2 transacts business in person: or (B) within the state where the person resides, is employed, or reeularly transacts business in person, if the person (i) is. a pany ora party ’s officer: or (ii) is commanded to attend x trial and would not incur substantial expense. (2) For Other Discavery. A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, ar regularly transacts business in person: and (B) Inspection of premises at the premises to be inspected. (d) Protecting a Person Subject to a Subpoena; Enforcement. (1) Avoiding Undue Burden or Expense; Sanctions. A party ov attorney responsible far issuing and serving a subpoena inust ‘ to avoid imposing undue burden or expense an a person subject to the subpocna, The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include Jost earnings and reasonable attomey’s fees—an a party or attamey Who fails to comply (2) Commuurd to Produce Miterials or Permit lispeetion, (A) Appemance Not Required. A person commanded to produce documents. electronically stored information, or tangible things, or to penmil the inspection of premises. eed vol appear in person at (he place uf production or mspection unless also commanded to appeur for a deposition. hearing. or trial. (B) Odjections, A person commanded to produce documents or tangible things oF to permit inspection may serve on the parly or allorney designated in the subpoena x wrilten objection to inspecting, copying, te: sampling any’ or all of the materials or to Inspecting the premi producing electronically stored information in the form or forms requested. ‘The objection must be served betore the earlier of the time specified for compliance or 14 days afler the subpoena is served. [fan objection is made. the following ules apply: (i) AL any time, on notice to the commanded person. the serving party may move the court for the district where compliance is required for an order compelling production of inspection, (ii) These acis may be required only us directed in the order, and the order must proteel a person who js neither a party nor a party's ollicer from significant expense resulting from compliance. (3) Quashing ar Modifying a Subpoena. (A) When Required, On timely motion, the court lor the district where compliance is required must quash or modify a subpoena that: (i) fails to allow a reasonable time 1a comply: requires a person to comply beyond the eeographical limits specified in Rule 45(¢}; (iii) vequires disclosure of privileged or other protected matter, if ne exception or waiver applies, ar (iv) subjects a person to undue burden. (B) When Permined Vo protect a person subject to or affected by a subpoena. the cour for the district where compliance is required may. on motion. quash or modify the subpoena i! it requires (i) disclosing ¢ tude seeret or other con/idential research, development, or commercial information: or (ii) diselosing an unretained expert's opinion or informatian that docs nol deseribe specific occurrences in dispute and results from the expert's study thar was not requested by a party. (C) Specifying Conditions ay an Alternative, In (he circumstances described in Rule 45(d)(3)(13), the court may. instead of quashing or modifying a subpoena. order appearance or production under specitied conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship: and (ii) ensures that the subpoenaed person will be reasonably compensated, (e) Duties in Responding to a Subpoena, (1) Producing Documents ar Electronicaliy Stored Information. Vhese procedures apply to producing documents or electronically stored information: (A) Documents. A person responding lou subpoena ty produce documents must produce them as they are kept in the ordinary course of business or must Organize and label them to correspond to the categories in the demand. (RB) Forin far Producnrg Clectronically Stored lafarmation Net Specified If'a-subpoena does not specify a form for producing elecsronically stored information, the person responding must produce it ina orm or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Elecironically Stared Infarmation Produced tn Only One Form. The person responding need nat produce the same electronically stored information in more than one form, (D) Jnaceessible Eleenonically Stored Information, Vhe person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost, Qn motion to conipel discovery or for a protective order, the person responding must show that the information is not reasonably aveessible beeuuse of undue burden or cost, [that showing is made, the court may nonetheless order discovery from such sources if the requesting party shaws good cause, considering the limitations of Rule 26b\M2MC), The court may specify conditions for the discovery, (2) Claiming Privilege or Protection. (A) Information Withheld, A person withholding subpoenaed Information under’ claim that itis privileged or subject to protection as trial-preparatian material must: (i) expressly make the claim: and (ii) describe the nature of the withheld documents. communications, or tangible things ina manner that, withont revealing information itself privileged or protected. will enable the parties to assess the claim, (B) faforination Produced. Wintormution produced in response (oat subpoena is subject to a claim of privilege or of protection as Wial-preparation material. the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified. a party must promptly return, sequester, or destroy the specified information und any copies i has; must not use or diselose the information until the claim is resolved: must take reasonable steps to retrieve the information if the party disclosed it before being notified: and may promptly present the information under seal to the eourt for the district where vompliance is required for a detennination of the claim. The person who produced the information must preserve the information until (he claim is resolved. e (g) Contempt, The court Jor the district where compliance is required—and also, afler a motion ts transferred, the issuing eouri—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it For access to subpvena materials. se red R Civ. P A5(H) Commitlee Note (2013).