AO88 (Rev. 1/94) Subpoena in a Civil Case 

Issued by the 

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

DAVID FINNEY, 

v. 

TAKATA INC., ET AL. 

SUBPOENA IN A CIVIL CASE

TO: Infinity Insurance Group 

c/o Custodian of Records 

3700 Colonnade Parkway 

Birmingham, AL 35243 

Case Number:1 3:06-cv-622 

 YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in 

the above case. 

COURTROOM 

 

PLACE OF TESTIMONY 

 

DATE AND TIME 

 

 YOU ARE COMMANDED to appear at the place, date and time specified below to testify at the taking of a deposition in the 

above case. 

PLACE OF DEPOSITION : 

DATE AND TIME 

 

 YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the 

place, date and time specified below (list documents or objects). See Exhibit "A" attached. 

PLACE DATE AND TIME

March 9, 2007 12:00 AM 

 YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. 

PREMISES DATE AND TIME

 

 Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more 

officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person 

designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). 

ISSUING OFFICER’S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER 

Charles A. Stewart III, Bradley Arant Rose & White, LLP, Alabama Center for Commerce, 401 Adams Avenue, Suite 

780, Montgomery, AL 36104 (Attorney for Defendants Takata Entities) 

(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page) 

1

 If action is pending in district other than district of issuance, state district under case number. 

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AO88 (Rev. 1/94) Subpoena in a Civil Case 

PROOF OF SERVICE 

DATE PLACE 

SERVED 

SERVED ON (PRINT NAME) MANNER OF SERVICE 

SERVED BY (PRINT NAME) TITLE 

DECLARATION OF SERVER 

 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. 

 Executed on ____________________________ ________________________________________________________ 

DATE SIGNATURE OF SERVER 

 ________________________________________________________ ADDRESS OF SERVER 

 ________________________________________________________ 

Rule 45, Federal Rules of Civil Procedure, Parts C & D: 

(c) 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 from which the subpoena was 

issued shall 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 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 (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 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 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 who is not a party or an officer of a party 

to travel to a place more than one hundred (100) miles from the place where that 

person resides, is employed or regularly transacts business in person, except that, 

subject to the provisions of clause (c)(3)(B)(iii) of this rule, 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 

 (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, or 

 (iii) requires a person who is not a party or an officer of a party 

to incur substantial expense to travel more than 100 miles to 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 upon specified conditions. 

(d) 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. 

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