§ Form 11.10 Witness Subpoena for Deposition
Form 11.10 Witness Subpoena for Deposition
(CAPTION)
SUBPOENA [FN2]
YOU ARE HEREBY COMMANDED in the name of the State of Maine to appear and attend before (name and title of officer before whom deposition is to be taken) at the offices of, (place of deposition), (address), at ______: _________.M. o'clock on the ______ day of ______, 19___, to testify and give evidence, by deposition pursuant to the Maine Rules of Civil Procedure, in the action of (name of plaintiff) against (name of defendant), Civil Action Docket No. ______, now pending in the (name of court) [an application having been filed for this deposition in the (name of Maine Court), Civil Action Docket No. ______].[FN3]
[YOU ARE ALSO COMMANDED to bring with you and produce, and permit inspection and copying of, (at the time and place aforesaid)(at specified other time and place) the following designated things: (describe the documents or other things the witness is to bring) ] [YOU ARE ALSO COMMANDED to permit inspection of (description and location of premises) at (specified time) ].[FN4]
This subpoena is issued on behalf of (name of party), whose attorney is (name, address). [If you have objection to the inspection or copying of any of the materials designated above, you must serve notice of such objection in writing upon said attorney on or before (date).]
NOTICE: A STATEMENT OF YOUR RIGHTS AND DUTIES PURSUANT TO THIS SUBPOENA AS SET OUT IN RULES 45(c) AND (d) OF THE MAINE RULES OF CIVIL PROCEDURE IS APPENDED. If you object to the subpoena, you must file a timely motion in court to quash or modify it. [If you object to the inspection or copying of any of the (materials/premises) designated above, you must serve notice of that objection in writing upon (name of party or
attorney) on or before (date).] [FN5]
WARNING: FAILURE TO COMPLY WITH THIS SUBPOENA MAY SUBJECT YOU TO ARREST AND BEING FOUND IN CONTEMPT OF COURT.
Dated _________________________________________________________________________
________________________________________________________________________________
(Clerk of the [Superior]/[District] Court) (Attorney at Law) [FN6]
[Append text of Rules 45(c), (d) ]
[FN1] Previously Form 16.
[FN2] This form must be appropriately modified if used pursuant to Rule 30(b)(6).
[FN3] The bracketed material is for use in a subpoena for a deposition for use in a foreign jurisdiction. See Rule 30(h).
[FN4] The bracketed material is for use when a command to produce evidence or permit inspection of premises is joined with a command to appear pursuant to Rule 45(a)(1).
[FN5] A copy of the text of Rules 45(c), (d), must be appended to the Form. The bracketed material is for use when a command to produce or inspect is joined. See note 4. The applicable date is determined by Rule 45(c)(2)(B).
[FN6] The subpoena may be signed by a member of the Maine bar as officer of the court. Rule 45(a)(3).