Preview
SUBPOENA
SUMMIT COUNTY CO: PLEAS COURT
LONSK)
CIV. RULI
GLORIA CHIABAI, Administrator of the
ESTATE OF GREGORY L. LATSON,
Deceased 2024 FER | ANTS Ne. MS 2024-00-0003
PLAINTIFF
20-2-09182-1 SEA
Sul if
VS.
SE NO.
CLE KOFCO UR
GUARDIAN FALL PROTECTION INC., et al. litable) SUBPOENA IN CIVIL CASE
DEFENDANT TS Robert P, Lynch, Jr.
ATTORNEY/PRO SE: _‘Pl¥nch@grsm.com
41 S. High Street, Suite 2495,
Columbus, OH 43215
ADDRESS:
614-340-5558
Jennifer Fraiser PHONE:
TO: (NAME)
650 Deborah Dr. 0072037
(ADDRESS) SUPREME CT. NO. a
New Franklin, OH 44319
(CITY, STATE, ZIP)
YOU ARE HEREBY COMMANDED TO
ATTEND AND GIVE TESTIMONY AT A (TRIAL)(HEARING)(DEPOSITION) ON THE
2/14/2024 10:30AM Via Remote Video Software;
DATE. , TIME: EST Instructions to Fallow
PLACE:
PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION, OR TANGIBLE THINGS AT
TRIAL,HEARING OR DESPOSITION.
PRODUCE AND PERMIT INSPECTION AND COPYING OF ANY DESIGNATED DOCUMENTS OR
ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL.
PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING, OR SAMPLING OF ANY TANGIBLE THING
THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL,
PERMIT ENTRY UPON DESIGNATED LAND OR OTHER PROPERTY THAT IS IN THE POSSESSION OR
CONTROL OF YOU FOR THE PURPOSES DESCRIBED IN CIV. R. 34(A)(3).
DESCRIPTION OF ITEMS TO BE PRODUCED:
HEREOF FAIL NOT UNDER PENALTY OF THE LAW WITNESS MY SIGNATURE AND SEAL OF SAID COURT, THIS
_f payor Feb. 0 ae
SANDRA KURT
CLERK OF COURTS Clerk, Attgmey, Notary
en
RETURN OF SERVICE
Received this Subpoena on the day of 20___at M. and on the day of. »20_, at
M,, { served the same upon by delivering to
Personally or Residential a tme copy of this subpoena.
Sheriff-Attomey-Process Server-Notary
Mileage: miles@ ; TOTAL $
EXHIBIT
PROTECTION OF PERSONS SUBJECT TO SUBPOENAS:
1 A patty or an attomey responsible for the issuance and service ofa subpoena shall take reasonable steps to avoid
imposing undue burden or expense on a person subject to that subpoena,
2, (@) A person commanded to produce under divisions (A)(1)(b)(il), (ii), (iv) or (¥) of this rule need not appear in person
at the place of production or inspection unless commanded to attend and give testimony at a deposition, hearing or trial.
(©) Subject to division (D)(2) of this rule, a petson commanded to produce under divisions (A)(1)(b)(ti), i), (49), oF (v)
of this rule may, within fourteen days after service of the subpoena or before the time specified for compliance if such time
is less than fourteen days after service, serve upon the party or attomey designated in the subpoena written objections to
production. If objection is made, the party serving the subpoena shall not be entitled to prodiiction except pursuant to an
‘order ofthe court by which the subpoena was issued. If objection has been made, the party serving the subpoena, upon
notice to the person commanded to produce may move at any time for an order to compel the production. An order to
compe! production shall protect any person who is not a party or an officer of a party from significant expense resulting
from the prod commanded.
3.0n timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order
appearance or production only under specified conditions, if the subpoena does any of the following — Fails to allow
reasonable time to comply; requires disclosure of privileged or otherwise protected matter and no exception or waiver
applies; requires disclosure ofa fact known or opinion held by an expert not retained or specially employed by any party in
anticipationof litigation or preparation for trial as described by CIV R. 26(B)(4), if the fact or opinion does not describe
specific events or occurrences in dispute and results from study by the expert that was not made at ‘request of any party;
subjects a person to undue burden.
4.Before filing a motion pursuant to division (C) (3) (d) of this rule, a person resisting discovery under this rule shall
attempt to resolve any claim of undue burden through discussions with the issuing attomicy. A motion filed pursuant to
division (C) (3)(@) of this rule shall be supported by an affidavit of the subpoenaed person or a certificate of that person's
attomey of the efforts made to resolve any claim of undue burden.
5, Ifa motion is made under division(C)(3)(c) or (C)(3)(4) of this rule, the court shall quash or modify the subpoena unless
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.
DUTIES IN RESPONDING TO SUBPOENAS:
1 A person responding to a subpoena to produce documents shall, at the person’s option, produce them as they are kept
in the usual course of business or organized and labeled to correspond with the categories in the subpoena. A person
producing documents or electronically stored information pursuant to a subpoena for them shall permit their
inspection and copying by ail parties present at the time and place set in the subpoena for inspection and copying.
Ifa request does not specify the form or forms for producing electronically stored information, a person responding to
a subpoena may produce the information in a form or forms in which the information responding is ordinarily
maintained if that form is reasonable useable, or in any form that is reasonably useable. Unless ordered by the court
or agreed to by the person subpoenaed, a person responding to a subpoena need not produce the seme electronically
stored information in more than one form.
A person need not provide discovery of electronically stored information when the production imposes undue burden
or expense. On motion to compel discovery or for a protective order, the person from whom electronically stored
information is sought must show that the information is not reasonably accessible because of undue burden
expense. If. showing of undue burden or expense is made, the court may nonetheless order production of or
electronically stored information if the requesting party shows good cause. The court shall consider the factors in
Civ. R, 26(B)(4) when determining if good cause exists. In ordering production of electconically stored information,
the court may specify the format, extent, timing, allocation of expenses and other conditions for discovery of the
electronically stored information,
‘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 shalt be supported by a description of the nature
documents, communications, or things not produced that is sufficient to enable the demanding party to contest ofthethe
claim,
If information is produced in response to a subpocna that is subject to a claim of privilege or of protection as trial
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 receiving party must promptly return, sequester, or destroy the specified
information and any copies within the party's possession, custody or control. A pary may not use or disclose the
information until the claim is resolved. A receiving party may promptly present the information to the court under
seal for determination of the claim of privilege or of protection as trial-preparation material. If the receiving party
disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced
the information must preserve the information until the claim is resolved.
SANCTIONS:
1. Failure by any person without adequate excuse to obeya subpoena served upon that person may be deemed contempt of the court
from which the subpoena issued. A subpoenaed person or that person's attomey who frivolously resists discovery under this rule may
be required by the court to pay the reasonable expenses, including reasonable attorney's fees of the party secking discovery,
from which a subpoena was issued may impose upon a party or attomey in breach of the duty imposed by di ion (C)(1) of thisThe rule
court
an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attomey’s fees.
TA cron MWS 2024-06 -COO3B
MUFEB~1 Anite yg
SUL T COUNTY
Ri OF COURTS
SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN THE COUNTY OF KING
GLORIA CHIABAL Administrator of the
ESTATE OF GREGORY L. LATSON,
Deceased, No. 20-2-09182-1 SEA
10 Plaintiff, SUBPOENA TO TESTIFY AT A
DEPOSITION IN A CIVIL MATTER
11 vs. TO JENNIFER FRAISER.
12 GUARDIAN FALL PROTECTION INC., et al.
13 Defendants.
14 THE STATE OF WASHINGTON TO:
15 Jennifer Fraiser
650 Deborah DR
16 New Franklin, OH 44319
17 [_] YOU ARE COMMANDED to appear in the Superior Court of the State of Washington at
18 the place, date, and time specified below to testify in the above case.
19
PLACE OF TESTIMONY COURTROOM
20
DATE AND TIME
21
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at
22 the taking of a deposition in the above case in the presence of a court reporter and videographer.
PLACE: DATE AND TIME:
23
24 Remote Video Sofiware; Instructions to Follow February 14, 2024 at 9:30 am CT
25
GORDON REES SCULLY
SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL MANSUKHANT, LLP
MATTER TO JENNIFER FRAISER - 1 701 5th Avenue, Suite 2100
Seattle, WA 98104
Telephone: 206.695.5100
EXHIBIT Facsimile: 206.689.2822
3 4
L] YOU ARE COMMANDED to produce and permit inspection and copying the following
documents or tangible things at the place, date, and time specified below.
|
[_] YOU ARE COMMANDED to permit inspection of the following premises at the date and
time specified below.
PREMISES: DATE AND TIME
ISSUING OFFICER'S SIGNATURE AND TITLE (Indicate if Attomey or Plaintiff or DATE AND TIME:
Defendant)
s/ Mark Tuvim January 2, 2024
Attorney for Defendant P.N. International
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER,
Mark Tuvim, WSBA No, 31909
GORDON REES SCULLY MANSUKHANI, LLP
701 FIFTH AVENUE, SUITE 2100
10 SEATTLE, WA 98104
Tel.: 206.695.5100
11
PROOF OF SERVICE
12 DATE PLACE
SERVED
13
SERVED ON (PRINT WARE) TANNER OF SERVICE
14
‘SERVEDBY [PRINT NAME THLE
15
DECLARATION OF SERVER
16 I declare under penalty of perjury under the laws of the United States of America that the foregoing
information contained in the Proof of Service is true and correct.
17
Executed on
DATE SXGNATURE OF SERVER
18
‘RODRESS OF SERVER
19
20
21
22
23
24
25
GORDON REES SCULLY
SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL. MANSUKHANT, LLP
MATTER TO JENNIFER FRAISER - 2 701 Sth Avenue, Suite 2100
Seattle, WA 98104
Telephone: 206.695.5100
Facsimile: 206.689.2822
CR 45, Sections (¢) & (d):
(©) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) Aparty 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 attomey in breach of this duty an appropriate sanction which may include, but is not limited to, lost eamings and
reasonable attomey’s fee,
(2) (A) _A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things,
of 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 subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attomey designated
in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. Ifobjection is made, the
party serving the subpoena shall not be entitled to inspect and copy 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 petson who is not a
party ot an officer ofa party from significant expense resulting from the inspection and copying commanded.
8) (A) On timely motion, the court by witich a subpoena was issued shall quash or modify the subpoena if it
(i) fails to allow reasonable time for compliance;
Gi) 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
10 that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(ii) of this
rale, 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
11 requires a disclosure of privileged or other protected matter and no exception or waiver applies, o
(iv) subjects a person to undue burden.
12
{B) Ifa subpoena
13 (requires disclosure of a trade secret or other confidential research, development, or commercial information, ot
Gi) requires disclosure of an untetained expert's opinion or information not describing specific events or occurrences in dispute
14 and resulting for m the expert's study made not at the request of any party, or
(ii)Requires a person who is not a patty or an officer of a party to incur substantial expense fo travel more than 100 miles to
15 attend trial, 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
16 upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.
17
(J) 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.
18
(2) When information subjectto a subpoena is withheld on a claim that itis privileged or subject to protection as trial preparation materials,
the claim shall be made expressly and shallbe supported by a description of the nature of the documents, communications, or things not produced
19 that is sufficient to enable the demanding party to contest the claim
20
21
22
23
24
25
GORDON REES SCULLY
SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL MANSUKHANI, LLP
MATTER TO JENNIFER FRAISER - 3 701 5th Avenue, Suite 2100
Seattle, WA 98104
Telephone: 206.695.5100
Facsimile: 206.689.2822
Preview
SUBPOENA SUMMIT COUNTY CO: PLEAS COURT LONSK) CIV. RULI GLORIA CHIABAI, Administrator of the ESTATE OF GREGORY L. LATSON, Deceased 2024 FER | ANTS Ne. MS 2024-00-0003 PLAINTIFF 20-2-09182-1 SEA Sul if VS. SE NO. CLE KOFCO UR GUARDIAN FALL PROTECTION INC., et al. litable) SUBPOENA IN CIVIL CASE DEFENDANT TS Robert P, Lynch, Jr. ATTORNEY/PRO SE: _‘Pl¥nch@grsm.com 41 S. High Street, Suite 2495, Columbus, OH 43215 ADDRESS: 614-340-5558 Jennifer Fraiser PHONE: TO: (NAME) 650 Deborah Dr. 0072037 (ADDRESS) SUPREME CT. NO. a New Franklin, OH 44319 (CITY, STATE, ZIP) YOU ARE HEREBY COMMANDED TO ATTEND AND GIVE TESTIMONY AT A (TRIAL)(HEARING)(DEPOSITION) ON THE 2/14/2024 10:30AM Via Remote Video Software; DATE. , TIME: EST Instructions to Fallow PLACE: PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION, OR TANGIBLE THINGS AT TRIAL,HEARING OR DESPOSITION. PRODUCE AND PERMIT INSPECTION AND COPYING OF ANY DESIGNATED DOCUMENTS OR ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL. PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING, OR SAMPLING OF ANY TANGIBLE THING THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL, PERMIT ENTRY UPON DESIGNATED LAND OR OTHER PROPERTY THAT IS IN THE POSSESSION OR CONTROL OF YOU FOR THE PURPOSES DESCRIBED IN CIV. R. 34(A)(3). DESCRIPTION OF ITEMS TO BE PRODUCED: HEREOF FAIL NOT UNDER PENALTY OF THE LAW WITNESS MY SIGNATURE AND SEAL OF SAID COURT, THIS _f payor Feb. 0 ae SANDRA KURT CLERK OF COURTS Clerk, Attgmey, Notary en RETURN OF SERVICE Received this Subpoena on the day of 20___at M. and on the day of. »20_, at M,, { served the same upon by delivering to Personally or Residential a tme copy of this subpoena. Sheriff-Attomey-Process Server-Notary Mileage: miles@ ; TOTAL $ EXHIBIT PROTECTION OF PERSONS SUBJECT TO SUBPOENAS: 1 A patty or an attomey responsible for the issuance and service ofa subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena, 2, (@) A person commanded to produce under divisions (A)(1)(b)(il), (ii), (iv) or (¥) of this rule need not appear in person at the place of production or inspection unless commanded to attend and give testimony at a deposition, hearing or trial. (©) Subject to division (D)(2) of this rule, a petson commanded to produce under divisions (A)(1)(b)(ti), i), (49), oF (v) of this rule may, within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service, serve upon the party or attomey designated in the subpoena written objections to production. If objection is made, the party serving the subpoena shall not be entitled to prodiiction except pursuant to an ‘order ofthe court by which the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the person commanded to produce may move at any time for an order to compel the production. An order to compe! production shall protect any person who is not a party or an officer of a party from significant expense resulting from the prod commanded. 3.0n timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production only under specified conditions, if the subpoena does any of the following — Fails to allow reasonable time to comply; requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; requires disclosure ofa fact known or opinion held by an expert not retained or specially employed by any party in anticipationof litigation or preparation for trial as described by CIV R. 26(B)(4), if the fact or opinion does not describe specific events or occurrences in dispute and results from study by the expert that was not made at ‘request of any party; subjects a person to undue burden. 4.Before filing a motion pursuant to division (C) (3) (d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden through discussions with the issuing attomicy. A motion filed pursuant to division (C) (3)(@) of this rule shall be supported by an affidavit of the subpoenaed person or a certificate of that person's attomey of the efforts made to resolve any claim of undue burden. 5, Ifa motion is made under division(C)(3)(c) or (C)(3)(4) of this rule, the court shall quash or modify the subpoena unless 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. DUTIES IN RESPONDING TO SUBPOENAS: 1 A person responding to a subpoena to produce documents shall, at the person’s option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the subpoena. A person producing documents or electronically stored information pursuant to a subpoena for them shall permit their inspection and copying by ail parties present at the time and place set in the subpoena for inspection and copying. Ifa request does not specify the form or forms for producing electronically stored information, a person responding to a subpoena may produce the information in a form or forms in which the information responding is ordinarily maintained if that form is reasonable useable, or in any form that is reasonably useable. Unless ordered by the court or agreed to by the person subpoenaed, a person responding to a subpoena need not produce the seme electronically stored information in more than one form. A person need not provide discovery of electronically stored information when the production imposes undue burden or expense. On motion to compel discovery or for a protective order, the person from whom electronically stored information is sought must show that the information is not reasonably accessible because of undue burden expense. If. showing of undue burden or expense is made, the court may nonetheless order production of or electronically stored information if the requesting party shows good cause. The court shall consider the factors in Civ. R, 26(B)(4) when determining if good cause exists. In ordering production of electconically stored information, the court may specify the format, extent, timing, allocation of expenses and other conditions for discovery of the electronically stored information, ‘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 shalt be supported by a description of the nature documents, communications, or things not produced that is sufficient to enable the demanding party to contest ofthethe claim, If information is produced in response to a subpocna that is subject to a claim of privilege or of protection as trial 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 receiving party must promptly return, sequester, or destroy the specified information and any copies within the party's possession, custody or control. A pary may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for determination of the claim of privilege or of protection as trial-preparation material. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. SANCTIONS: 1. Failure by any person without adequate excuse to obeya subpoena served upon that person may be deemed contempt of the court from which the subpoena issued. A subpoenaed person or that person's attomey who frivolously resists discovery under this rule may be required by the court to pay the reasonable expenses, including reasonable attorney's fees of the party secking discovery, from which a subpoena was issued may impose upon a party or attomey in breach of the duty imposed by di ion (C)(1) of thisThe rule court an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attomey’s fees. TA cron MWS 2024-06 -COO3B MUFEB~1 Anite yg SUL T COUNTY Ri OF COURTS SUPERIOR COURT FOR THE STATE OF WASHINGTON IN THE COUNTY OF KING GLORIA CHIABAL Administrator of the ESTATE OF GREGORY L. LATSON, Deceased, No. 20-2-09182-1 SEA 10 Plaintiff, SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL MATTER 11 vs. TO JENNIFER FRAISER. 12 GUARDIAN FALL PROTECTION INC., et al. 13 Defendants. 14 THE STATE OF WASHINGTON TO: 15 Jennifer Fraiser 650 Deborah DR 16 New Franklin, OH 44319 17 [_] YOU ARE COMMANDED to appear in the Superior Court of the State of Washington at 18 the place, date, and time specified below to testify in the above case. 19 PLACE OF TESTIMONY COURTROOM 20 DATE AND TIME 21 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at 22 the taking of a deposition in the above case in the presence of a court reporter and videographer. PLACE: DATE AND TIME: 23 24 Remote Video Sofiware; Instructions to Follow February 14, 2024 at 9:30 am CT 25 GORDON REES SCULLY SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL MANSUKHANT, LLP MATTER TO JENNIFER FRAISER - 1 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 EXHIBIT Facsimile: 206.689.2822 3 4 L] YOU ARE COMMANDED to produce and permit inspection and copying the following documents or tangible things at the place, date, and time specified below. | [_] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES: DATE AND TIME ISSUING OFFICER'S SIGNATURE AND TITLE (Indicate if Attomey or Plaintiff or DATE AND TIME: Defendant) s/ Mark Tuvim January 2, 2024 Attorney for Defendant P.N. International ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER, Mark Tuvim, WSBA No, 31909 GORDON REES SCULLY MANSUKHANI, LLP 701 FIFTH AVENUE, SUITE 2100 10 SEATTLE, WA 98104 Tel.: 206.695.5100 11 PROOF OF SERVICE 12 DATE PLACE SERVED 13 SERVED ON (PRINT WARE) TANNER OF SERVICE 14 ‘SERVEDBY [PRINT NAME THLE 15 DECLARATION OF SERVER 16 I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. 17 Executed on DATE SXGNATURE OF SERVER 18 ‘RODRESS OF SERVER 19 20 21 22 23 24 25 GORDON REES SCULLY SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL. MANSUKHANT, LLP MATTER TO JENNIFER FRAISER - 2 701 Sth Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 CR 45, Sections (¢) & (d): (©) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) Aparty 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 attomey in breach of this duty an appropriate sanction which may include, but is not limited to, lost eamings and reasonable attomey’s fee, (2) (A) _A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, of 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 subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attomey designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. Ifobjection is made, the party serving the subpoena shall not be entitled to inspect and copy 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 petson who is not a party ot an officer ofa party from significant expense resulting from the inspection and copying commanded. 8) (A) On timely motion, the court by witich a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; Gi) 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 10 that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(ii) of this rale, 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 11 requires a disclosure of privileged or other protected matter and no exception or waiver applies, o (iv) subjects a person to undue burden. 12 {B) Ifa subpoena 13 (requires disclosure of a trade secret or other confidential research, development, or commercial information, ot Gi) requires disclosure of an untetained expert's opinion or information not describing specific events or occurrences in dispute 14 and resulting for m the expert's study made not at the request of any party, or (ii)Requires a person who is not a patty or an officer of a party to incur substantial expense fo travel more than 100 miles to 15 attend trial, 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 16 upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. 17 (J) 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. 18 (2) When information subjectto a subpoena is withheld on a claim that itis privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shallbe supported by a description of the nature of the documents, communications, or things not produced 19 that is sufficient to enable the demanding party to contest the claim 20 21 22 23 24 25 GORDON REES SCULLY SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL MANSUKHANI, LLP MATTER TO JENNIFER FRAISER - 3 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822