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IN THE CIRCUIT COURT
OF_______________________COUNTY, WEST VIRGINIA
CIVIL CASE SUBPOENA
Plaintiff,
v.
Civil
Action No.:
Defendant.
TO: [If the list of the persons/entities subpoenaed is too numerous to fit in this area, type "See Attached List" and attach list, titled "Persons/Entities Subpoenaed.]
YOU ARE HEREBY COMMANDED [mark all that
apply]
___to appear in the Circuit Court of ___________________County at
the place, date and time specified below to
___testify in the taking of a deposition in the
above-styled case; or
___testify in a hearing in the above-styled case; or
___testify in the trial of the above-styled case.
___to produce and permit inspection of and
copying of designated books, documents or tangible things in your
possession, custody or control, as follows:[If the number of
items is too numerous to fit in this area, type "See
Attached List- Production/Inspection" and attach list,
titled "Production/Inspection".]
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
___to permit inspection of premises located at place, date and
time specified below.
Place of
Appearance/Inspection:
Date of
Appearance/Inspection:
_______________________
Time of Appearance/Inspection:
________________________
AM/PM
Issued
by: ___________________________
If this subpoena is issued by the
circuit clerk, please state the name
Title:________________________________
and the office address of the attorney
requesting the subpoena.
Signature:____________________________
___________________________________________
Bar Identification No., if applicable:
________
___________________________________________
Date Issued:
__________________________
___________________________________________
W. Va. R. Civ. P. 45(c). Place of
the examination.- A deponent may be required to attend an
examination only in the county in which the deponent resides or
is employed or transacts business in person, or at such other
convenient place as is fixed by an order of court.
W. Va. R. Civ. P. 45(d). Protection of persons
subject to subpoenas.- (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 may 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 (e)(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 to travel for a deposition to a place
other than the county in which that person resides or is employed
or transacts business in person or at a place fixed by order of
the court; (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.
W. Va. R. Civ. P. 45(e). 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.
[Revised- April 24, 1998