Superior Court of Arizona of Maricopa County

Kevin Walsh
5059 N 38th Place
Phoenix, Az
85018
								
								NO. MH2004-000976     
								SUBPOENA DUCES TECUM

THE STATE OF ARIZONA TO:

								Custodian of Records
								City of Phoenix
								200 W. Washington St., 12th floor
								Phoenix, AZ 85003

						

	YOU ARE HEREBY COMMANDED, pursuant to the provisions of Rule 45, Ariz.R.Civ.P., to produce or permit inspection and copying of, the designated books, documents or tangible things described in the Exhibit A that is attached to this Subpoena.

DATE AND TIME OF PRODUCTION:

								Your appearance is not necessary but make the
								documents available to me by mailing them to me at
								the following address:

								Kevin Walsh
							5059 N 38th Place
							Phoenix, Az
							85018

PLACE OF PRODUCTION:

								Your appearance is not necessary but make the
								documents available to me by mailing them to me at
								the following address:

								Kevin Walsh
							5059 N 38th Place
							Phoenix, Az
									85018

	You have been subpoenaed by Kevin Walsh, whose attorney's name, address and telephone number is:

								Kevin Walsh
							5059 N 38th Place
							Phoenix, Az
							85018
								(480)344-2193

	YOU ARE HEREBY NOTIFIED THAT ANY FAILURE TO OBEY THIS SUBPOENA WITHOUT ADEQUATE EXCUSE MAY BE DEEMED A CONTEMPT OF THIS COURT, AND A CIVIL ARREST WARRANT MAY BE ISSUED. A CIVIL ARREST WARRANT IS AN ORDER DIRECTING ANY POLICE OFFICER IN ARIZONA TO ARREST YOU AND BRING YOU BEFORE THIS COURT FOR FUTURE PROCEEDINGS.

	REQUESTS FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE DIVISION ASSIGNED TO THE CASE BY PARTIES AT LEAST THREE (3) JUDICIAL DAYS IN ADVANCE OF A SCHEDULED COURT PROCEEDING.

Your Duties In Responding To This Subpoena

	You have the duty to produce the documents requested as they are kept by you in the usual course of business, or you may organize the documents and label them to correspond with the categories set forth in this subpoena. See Rule 45(d)(1) of the Arizona Rules of Civil Procedure.

	If this subpoena asks you to produce and permit inspection and copying of designated books, papers, documents, tangible things, or the inspection of premises, you need not appear to produce the items unless the subpoena states that you must appear for a deposition, hearing or trial. See Rule 45(c)(2)(A) of the Arizona Rules of Civil Procedure.

Your Right To Object

	The party or attorney serving the subpoena has a duty to take reasonable steps to avoid imposing an undue burden or expense on you. The Superior Court enforces this duty and may impose sanctions upon the party or attorney serving the subpoena if this duty is breached. See Rule 45(c)(1) of the Arizona Rules of Civil Procedure.

	You may object to this subpoena if you feel that you should not be required to respond to the request(s) made. Any objection to this subpoena must be made within 14 days after it is served upon you, or before the time specified for compliance, by providing a written objection to the party or attorney serving the subpoena. See Rule 45(c)(2)(B) of the Arizona Rules of Civil Procedure.

	If you object because you claim the information requested is privileged or subject to protection as trial preparation material, you must express the objection clearly, and support each objection with a description of the nature of the document, communication or item not produced so that the demanding party can contest the claim. See Rule 45(d)(2) of the Arizona Rules of Civil Procedure.

	If you object to the subpoena in writing, you do not need to comply with the subpoena until a court orders you to do so. It will be up to the party or attorney serving the subpoena to seek an order from the court to compel you to provide the documents or inspection requested, after providing notice to you. See Rule 45(c)(2)(B) of the Arizona Rules of Civil Procedure.

	If you are not a party to the litigation, or an officer of a party, the court will issue an order to protect you from any significant expense resulting from the inspection and copying commanded. See Rule 45(c)(2)(B) of the Arizona Rules of Civil Procedure.

	You may also file a motion in the superior court of the county in which the case is pending to quash or modify the subpoena if the subpoena:

	(i) does not provide a reasonable time for compliance;

	(ii) requires a non-party or officer of a party to travel to a county different from the county where the person resides or does business in person; or to travel to a county different from where the subpoena was served; or to travel to a place farther than 40 miles from the place of service; or to travel to a place different from any other convenient place fixed by an order of a court, except that a subpoena for you to appear and testify at trial can command you to travel from any place within the state;

	(iii) requires the disclosure of privileged or protected information and no waiver or exception applies;

	(iv) subjects you to an undue burden. See Rule 45(c)(3)(A) of the Arizona Rules of Civil Procedure.

	If this subpoena:

	(i) requires the disclosure of a trade secret or other confidential research, development, or commercial trade 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; or

	(iii) requires a person who is not a party or an officer of a party to incur substantial travel expense;

	The court may either quash or modify the subpoena, or the court may order you to appear and produce documents only upon specified conditions, if the party who served the subpoena shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that you will be reasonably compensated. See Rule 45(c)(3)(B) of the Arizona Rules of Civil Procedure.

	SIGNED AND SEALED this date: ____________________

								________________________________
								Clerk of the Court
								
								By           
								   Deputy Clerk