Taitz v. Asrtue - Subpoena Issued to Loretta Fuddy of HDOH - Obama's Original Vital Records on File

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  • 8/6/2019 Taitz v. Asrtue - Subpoena Issued to Loretta Fuddy of HDOH - Obama's Original Vital Records on File

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    HID88B (Rev-02/ll)SubpoenatoProduceDocumenls,lnformation,orObjectsortoPermitlnspectianofPremisesinaCivilAction

    Umrsn Srarns Drsrrucr CoURTfor the

    District of Hawaii

    1e'{* civir Action No. I : // 'C / 0{t f 02 KC{(Ifthe action is pending in another districl state r.r,here:L,/ t AC /-],s{r, ' / '5 t

  • 8/6/2019 Taitz v. Asrtue - Subpoena Issued to Loretta Fuddy of HDOH - Obama's Original Vital Records on File

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    AO888 (Rev.06/09)SubpoenatoProduceDocuments,Information,orObjectsortoPermitlnspectionofPremisesinaCivilAction(Page2)Civil Action No.

    PROOF OF SERVICE(This section should not be Jiled with the court unless tequired by Fed. R.

    This subpoena for (name of individual and title, if any)was received by me on (date) #7 t;5-.A:e//

    JEl/I served the subpoena by delivering a copy to the named person as follows: &zr&"\e.&arh {t te* e, A+l*r*,

    s cL_My fees are $ t for travel and $

    I declare under penalty of perjury that this information

    Date: gtT" e?i"' ktYt

    for services, a total of $

    Sener's signature//r ,'* A"t?trgfPrinted name and titleAdditional information regarding attempted service, etc:

    2'n -e / ,) $

  • 8/6/2019 Taitz v. Asrtue - Subpoena Issued to Loretta Fuddy of HDOH - Obama's Original Vital Records on File

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    AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

    Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1107)(c) Protecting a Person Subject to a Subpoena.(l) Avoiding Undue Burden or Expensel Sanctions, A party orattorney responsible for issuing and serving a subpoena rnust takereasonable steps to avoid imposing undue burden or expense on aperson subject to the subpoena. The issuing court must enforce thisduty and impose an appropriate sanction - rvhich may include losteamings and reasonable attorney's t'ees - on a party or attomeywho fails to comply.(2) Command to Produce Materials or Permit Inspeclion.(A) Appearance Not Required. A person commanded to producedocuments, electronically stored information, or tangible things, orto permit the inspection of premises, need not appear in person at theplace ofproduction or inspection unless also commanded to appearfor a deposition, hearing, or trial.(B) Objections. A person commanded to produce ciocunients ortangible things or to permit inspection may serve on the party orattorney designated in the subpoena a written objection toinspecting, copying, testing or sampling any or all of the materials orto inspecting the premises - or to producing electronically storedinformation in the form or forms requested. The objection must beserved before the earlier of the time specified for compliance or 14days after the subpoena is served. Ifan objection is made, thefollowing rules apply:(i) At any time, on notice to the commanded person, the servingparty may move the issuing court for an order compelling productionor inspection.(ii) These acts may be required only as directed in the order, andthe order must protect a person who is neither a party nor a party'sofficer fiom signiticant expense resulting from compliance.(3) Quashing or Modifying a Subpoenu(A) When Required. On timely motion, the issuing court mustquash or modifr a subpoena that:(i) fails to allow a reasonable time to comply;(ii) requires a person who is neither a party nor a parfy's otTicerto travel more than 100 miles from where that person resides, isemployed, or regularly transacts business in person - except that,subject to Rule 45(c)(3)(Bxiii), the person may be commanded toattend a trial by traveling from any such place within the state wherethe trial is held;(iii) requires disclosure of privileged or other protected matter, ifno exception or waiver applies; or(iv) subjects a person to undue burden.(B) LIthen Permitted. To protect a person subject to or affected bya subpoena, the issuing court may, on motion, quash or modiff thesubpoena if it requires:(i) disclosing a trade secret or other confidential research,development, or commercial information;

    (ii) disclosing an unretained expert's opinion or information thatdoes not describe specific occurrences in dispute and results fromthe expert's study that was not requested by a party; or(iii) a person who is neither a party nor a party's officer to incursubstantial expense to travel more than 100 miles to attend trial.(C) Specifying Conditions as an Alternatrve. In the circumstancesdescribed in Rule 45(c)(3)(B), the court may, instead of quashing ormodif ing a subpoena, order appearance or production underspecifled conditions ifthe serving party:(i) shows a substantial need for the testimony or material thatcannot be otherwise met without undue hardship; and(ii) ensures that the subpoenaed person will be reasonablycompensated.

    (d) Duties in Responding to a Subpoena.(l) Producing Documents or Electronically Slored ldormstion.These procedures apply to producing documents or electronicallystored information:(A) Documents. A person responding to a subpoena to producedocuments must produce them as they are kept in the ordinarycourse ofbusiness or must organize and label them to correspond tothe categories in the demand.(B\ Form for Producing Electronically Stored Information NotSpecified. If a subpoena does not speciff a form for producingelectronically stored information, the person responding mustproduce it in a form or forms in which it is ordinarily maintained orin a reasonably usable form or forms.(C) Electronically Stored Information Produced in Only OneForfi. The person rcspcnding need not produce the sameelectronically stored information in more than one form.(D) Inaccessible Electronically Stored Informafion. The personresponding need not provide discovery ofelectronically storedinformation from sources that the person identifies as not reasonablyaccessible because of undue burden or cost. On motion to compeldiscovery or for a protective order, the person responding must showthat the information is not reasonably accessible because of undueburden or cost. If that showing is made, the court may nonethelessorder discovery from such sources ifthe requesting party showsgood cause, considering the limitations of Rule 26(b)(2)(C). Thecourt may specif conditions for the discovery,(2\ Claiming Privilege or Protection,(A) Information ll/ithheld. A person withholding subpoenaedinfonnation under a claim that it is privileged or subject toprotection as trial-preparation material must:(i) expressly make the claim; and(ii) describe the nature of the withheld documents,communications, or tangible things in a manner that, withoutrevealing information itself privileged or protected, will enable theparties to assess the claim.(B) Information Produced. If infonnation produced in response to asubpoena is subject to a claim ofprivilege or ofprotection as trial-preparation material, the person making the claim may notify anyparty that received the .informatiitn of the claim ancl the basis for it.After being notified, a party must promptly return,.sequester, ordestroy the specified information and any copies.it has; must not useor disclose the information until the claim is resolved; must takereasonable steps to retrieve the information if the party disclosed itbefore being notified; and may promptly present the information tothe court under seal for a detennination ofthe claim. The personwho produced the information must preserve the information untilthe claim is resolved.(e) Contempt, The issuing court may hold in contempt a personwho, having been served, fails without adequate excuse to obey thesubpoena. A nonparty's failure to obey must be excused ifthesubpoena purports to require the nonparty to attend or produce at aplace outside the limits of Rule a5(cX3XA)(ii).

  • 8/6/2019 Taitz v. Asrtue - Subpoena Issued to Loretta Fuddy of HDOH - Obama's Original Vital Records on File

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