1 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

In re: Case No.: 22-12790-EPK 

 Chapter 7 

EXCELL AUTO GROUP, INC., 

 Debtor. 

_________________________________/ 

NOTICE OF INTENT TO SERVE SUBPOENAS

 PLEASE TAKE NOTICE, pursuant to Rule 45(a)(4) of the Federal Rules of Civil 

Procedure, made applicable to this proceeding pursuant to Rules 2004 and 9016 of the Federal 

Rules of Bankruptcy Procedure, and Local Rule 2004-1, that Nicole Testa Mehdipour, Trustee, 

chapter 7 trustee, by and through undersigned counsel, intends on serving subpoenas in the forms 

enclosed with this notice on Austin Business Finance, LLC, Xan Myburgh, and 24 Capital LLC, 

on September 29, 2022, or as soon thereafter as service can be effected. 

FURR AND COHEN, P.A. 

Attorneys for Chapter 7 Trustee 

2255 Glades Road, Suite 419A 

Boca Raton, FL 33431 

(561) 395-0500/Fax: 561-338-7532 

By: /s/ Jason S. Rigoli 

Jason S. Rigoli, Esq. 

Florida Bar No. 091990 

Email: jrigoli@furrcohen.com 

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 1 of 10
LF-84 (rev. 12/01/21)

UNITED STATES BANKRUPTCY COURT

Southern District of Florida

In re _______________________________ Case No. __________________

Debtor

Chapter ______

SUBPOENA FOR RULE 2004 EXAMINATION

To: _______________________________________________________________________________________

(Name of person to whom the subpoena is directed)

Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at an 

examination under Rule 2004, Federal Rules of Bankruptcy Procedure and Local Rule 2004-1.

PLACE DATE AND TIME

The examination will be recorded by this method: _________________________________________________

Production: YOU ARE COMMANDED to produce the following documents, electronically stored 

information, or objects, and must permit inspection, copying, testing, or sampling of the material at the time, date, 

and place set forth below (if different from that of the examination):

PLACE DATE AND TIME

(Description of documents, electronically stored information, or objects)

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 

9016, are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a 

person subject to a subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the 

potential consequences of not doing so.

Date: __________

CLERK OF COURT

OR

__________________________ ____________________________

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, email address, and telephone number of the attorney representing (name of party)

_________________________________who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things, or 

the inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it 

is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

Excell Auto Group, Inc. 22-12790-EPK

7

Austin Business Finance, LLC. c/o Xan Myburgh, RA, Getbackd 2101 S IH 35 Frontage Road, Ste. 400, Austin, TX 78741

X

Furr and Cohen, P.A.

2255 Glades Road, Suite 419A

Boca Raton, FL 33431

(via remote video conference)

October 27, 2022, at

10:00 a.m. (eastern)

Court Reporter

X

Furr and Cohen, P.A.

2255 Glades Road, Suite 419A

Boca Raton, FL 33431

(delivery to be agreed upon by parties)

October 20, 2022 at

5:00 p.m. (eastern)

See Exhibit A to the Notice of 2004 Examination included with this Subpoena

9/29/2022

Nicole Testa Mehdipour, Trustee

Jason S. Rigoli, Esq., Furr and Cohen, P.A., 2255 Glades Road, #419A, Boca Raton, FL 33431, jrigoli@furrcohen.com, 561-395-0500

/s/ Jason S. Rigoli, Esq.

Fla. Bar No. 91990

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 2 of 10
LF-84 (rev. 12/01/21)

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any): ______________________________________

on (date) __________ .

I served the subpoena by delivering a copy to the named person as follows: ___________________________

___________________________________________________________________________________________

__________________________________ on (date) ___________________ ; or

I returned the subpoena unexecuted because: ___________________________________________________

___________________________________________________________________________________________

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered 

to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of 

$ _______________________ .

My fees are $ _________ for travel and $_________ for services, for a total of $_________ .

I declare under penalty of perjury that this information is true and correct.

Date: _______________

____________________________________________

Server’s signature

____________________________________________

Printed name and title

____________________________________________

Server’s address

Additional information concerning attempted service, etc.:

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 3 of 10
LF-84 (rev. 12/01/21)

Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)

(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a 

person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or 

regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly 

transacts business in person, if the person

(i) is a party or a party’s officer; or

(ii) is commanded to attend a trial and would not incur substantial 

expense.

(2) For Other Discovery. A subpoena may command:

(A) production of documents, or electronically stored information, or 

things at a place within 100 miles of where the person resides, is employed, 

or regularly transacts business in person; and

(B) inspection of premises, at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney 

responsible for issuing and serving a subpoena must take reasonable steps to 

avoid imposing undue burden or expense on a person subject to the subpoena. 

The court for the district where compliance is required must enforce this duty 

and impose an appropriate sanction — which may include lost earnings and 

reasonable attorney's fees — on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce 

documents, electronically stored information, or tangible things, or to permit 

the inspection of premises, need not appear in person at the place of 

production or inspection unless also commanded to appear for a deposition, 

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible 

things or to permit inspection may serve on the party or attorney designated 

in the subpoena a written objection to inspecting, copying, testing or 

sampling any or all of the materials or to inspecting the premises — or to 

producing electronically stored information in the form or forms requested. 

The objection must be served before the earlier of the time specified for 

compliance or 14 days after the subpoena is served. If an objection is made, 

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party 

may move the court for the district where compliance is required for an order 

compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the 

order must protect a person who is neither a party nor a party's officer from 

significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where 

compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits 

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no 

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a 

subpoena, the court for the district where compliance is required may, on 

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does 

not describe specific occurrences in dispute and results from the expert's 

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot

be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably

compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce 

documents must produce them as they are kept in the ordinary course of 

business or must organize and label them to correspond to the categories in 

the demand.

(B) Form for Producing Electronically Stored Information Not 

Specified. If a subpoena does not specify a form for producing electronically 

stored information, the person responding must produce it in a form or forms 

in which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The 

person responding need not produce the same electronically stored 

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person 

responding need not provide discovery of electronically stored information 

from sources that the person identifies as not reasonably accessible because 

of undue burden or cost. On motion to compel discovery or for a protective 

order, the person responding must show that the information is not 

reasonably accessible because of undue burden or cost. If that showing is 

made, the court may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule 

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed

information under a claim that it is privileged or subject to protection as trialpreparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, 

or tangible things in a manner that, without revealing information itself 

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena 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 party 

must promptly return, sequester, or destroy the specified information and any 

copies it has; must not use or disclose the information until the claim is 

resolved; must take reasonable steps to retrieve the information if the party 

disclosed it before being notified; and may promptly present the information 

under seal to the court for the district where compliance is required for a 

determination of the claim. The person who produced the information must 

preserve the information until the claim is resolved.

. . .

(g) Contempt. The court for the district where compliance is required – and

also, after a motion is transferred, the issuing court – may hold in contempt

a person who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 4 of 10
LF-84 (rev. 12/01/21)

UNITED STATES BANKRUPTCY COURT

Southern District of Florida

In re _______________________________ Case No. __________________

Debtor

Chapter ______

SUBPOENA FOR RULE 2004 EXAMINATION

To: _______________________________________________________________________________________

(Name of person to whom the subpoena is directed)

Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at an 

examination under Rule 2004, Federal Rules of Bankruptcy Procedure and Local Rule 2004-1.

PLACE DATE AND TIME

The examination will be recorded by this method: _________________________________________________

Production: YOU ARE COMMANDED to produce the following documents, electronically stored 

information, or objects, and must permit inspection, copying, testing, or sampling of the material at the time, date, 

and place set forth below (if different from that of the examination):

PLACE DATE AND TIME

(Description of documents, electronically stored information, or objects)

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 

9016, are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a 

person subject to a subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the 

potential consequences of not doing so.

Date: __________

CLERK OF COURT

OR

__________________________ ____________________________

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, email address, and telephone number of the attorney representing (name of party)

_________________________________who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things, or 

the inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it 

is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

Excell Auto Group, Inc. 22-12790-EPK

7

Xan Myburgh, 3814 Toro Canyon Road, Austin, TX 78746

X

Furr and Cohen, P.A.

2255 Glades Road, Suite 419A

Boca Raton, FL 33431

(via remote video conference)

October 27 2022, at

2:00 p.m. (eastern)

Court Reporter

X

Furr and Cohen, P.A.

2255 Glades Road, Suite 419A

Boca Raton, FL 33431

(delivery to be agreed upon by parties)

October 20, 2022 at

5:00 p.m. (eastern)

See Exhibit A to the Notice of 2004 Examination included with this Subpoena

9/29/2022

Nicole Testa Mehdipour, Trustee

Jason S. Rigoli, Esq., Furr and Cohen, P.A., 2255 Glades Road, #419A, Boca Raton, FL 33431, jrigoli@furrcohen.com, 561-395-0500

/s/ Jason S. Rigoli, Esq.

Fla. Bar No. 91990

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 5 of 10
LF-84 (rev. 12/01/21)

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any): ______________________________________

on (date) __________ .

I served the subpoena by delivering a copy to the named person as follows: ___________________________

___________________________________________________________________________________________

__________________________________ on (date) ___________________ ; or

I returned the subpoena unexecuted because: ___________________________________________________

___________________________________________________________________________________________

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered 

to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of 

$ _______________________ .

My fees are $ _________ for travel and $_________ for services, for a total of $_________ .

I declare under penalty of perjury that this information is true and correct.

Date: _______________

____________________________________________

Server’s signature

____________________________________________

Printed name and title

____________________________________________

Server’s address

Additional information concerning attempted service, etc.:

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 6 of 10
LF-84 (rev. 12/01/21)

Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)

(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a 

person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or 

regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly 

transacts business in person, if the person

(i) is a party or a party’s officer; or

(ii) is commanded to attend a trial and would not incur substantial 

expense.

(2) For Other Discovery. A subpoena may command:

(A) production of documents, or electronically stored information, or 

things at a place within 100 miles of where the person resides, is employed, 

or regularly transacts business in person; and

(B) inspection of premises, at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney 

responsible for issuing and serving a subpoena must take reasonable steps to 

avoid imposing undue burden or expense on a person subject to the subpoena. 

The court for the district where compliance is required must enforce this duty 

and impose an appropriate sanction — which may include lost earnings and 

reasonable attorney's fees — on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce 

documents, electronically stored information, or tangible things, or to permit 

the inspection of premises, need not appear in person at the place of 

production or inspection unless also commanded to appear for a deposition, 

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible 

things or to permit inspection may serve on the party or attorney designated 

in the subpoena a written objection to inspecting, copying, testing or 

sampling any or all of the materials or to inspecting the premises — or to 

producing electronically stored information in the form or forms requested. 

The objection must be served before the earlier of the time specified for 

compliance or 14 days after the subpoena is served. If an objection is made, 

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party 

may move the court for the district where compliance is required for an order 

compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the 

order must protect a person who is neither a party nor a party's officer from 

significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where 

compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits 

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no 

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a 

subpoena, the court for the district where compliance is required may, on 

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does 

not describe specific occurrences in dispute and results from the expert's 

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot

be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably

compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce 

documents must produce them as they are kept in the ordinary course of 

business or must organize and label them to correspond to the categories in 

the demand.

(B) Form for Producing Electronically Stored Information Not 

Specified. If a subpoena does not specify a form for producing electronically 

stored information, the person responding must produce it in a form or forms 

in which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The 

person responding need not produce the same electronically stored 

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person 

responding need not provide discovery of electronically stored information 

from sources that the person identifies as not reasonably accessible because 

of undue burden or cost. On motion to compel discovery or for a protective 

order, the person responding must show that the information is not 

reasonably accessible because of undue burden or cost. If that showing is 

made, the court may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule 

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed

information under a claim that it is privileged or subject to protection as trialpreparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, 

or tangible things in a manner that, without revealing information itself 

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena 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 party 

must promptly return, sequester, or destroy the specified information and any 

copies it has; must not use or disclose the information until the claim is 

resolved; must take reasonable steps to retrieve the information if the party 

disclosed it before being notified; and may promptly present the information 

under seal to the court for the district where compliance is required for a 

determination of the claim. The person who produced the information must 

preserve the information until the claim is resolved.

. . .

(g) Contempt. The court for the district where compliance is required – and

also, after a motion is transferred, the issuing court – may hold in contempt

a person who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 7 of 10
LF-84 (rev. 12/01/21)

UNITED STATES BANKRUPTCY COURT

Southern District of Florida

In re _______________________________ Case No. __________________

Debtor

Chapter ______

SUBPOENA FOR RULE 2004 EXAMINATION

To: _______________________________________________________________________________________

(Name of person to whom the subpoena is directed)

Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at an 

examination under Rule 2004, Federal Rules of Bankruptcy Procedure and Local Rule 2004-1.

PLACE DATE AND TIME

The examination will be recorded by this method: _________________________________________________

Production: YOU ARE COMMANDED to produce the following documents, electronically stored 

information, or objects, and must permit inspection, copying, testing, or sampling of the material at the time, date, 

and place set forth below (if different from that of the examination):

PLACE DATE AND TIME

(Description of documents, electronically stored information, or objects)

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 

9016, are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a 

person subject to a subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the 

potential consequences of not doing so.

Date: __________

CLERK OF COURT

OR

__________________________ ____________________________

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, email address, and telephone number of the attorney representing (name of party)

_________________________________who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things, or 

the inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it 

is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

Excell Auto Group, Inc. 22-12790-EPK

7

24 Capital, LLC, 31-10 37th Ave., Suite 202, Long Island City, NY 11101

X

Furr and Cohen, P.A.

2255 Glades Road, Suite 419A

Boca Raton, FL 33431

(via remote video conference)

October 24, 2022, at

10:00 a.m. (eastern)

Court Reporter

X

Furr and Cohen, P.A.

2255 Glades Road, Suite 419A

Boca Raton, FL 33431

(delivery to be agreed upon by parties)

October 17, 2022 at

5:00 p.m. (eastern)

See Exhibit A to the Notice of 2004 Examination included with this Subpoena

9/29/2022

Nicole Testa Mehdipour, Trustee

Jason S. Rigoli, Esq., Furr and Cohen, P.A., 2255 Glades Road, #419A, Boca Raton, FL 33431, jrigoli@furrcohen.com, 561-395-0500

/s/ Jason S. Rigoli, Esq.

Fla. Bar No. 91990

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 8 of 10
LF-84 (rev. 12/01/21)

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any): ______________________________________

on (date) __________ .

I served the subpoena by delivering a copy to the named person as follows: ___________________________

___________________________________________________________________________________________

__________________________________ on (date) ___________________ ; or

I returned the subpoena unexecuted because: ___________________________________________________

___________________________________________________________________________________________

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered 

to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of 

$ _______________________ .

My fees are $ _________ for travel and $_________ for services, for a total of $_________ .

I declare under penalty of perjury that this information is true and correct.

Date: _______________

____________________________________________

Server’s signature

____________________________________________

Printed name and title

____________________________________________

Server’s address

Additional information concerning attempted service, etc.:

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 9 of 10
LF-84 (rev. 12/01/21)

Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)

(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a 

person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or 

regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly 

transacts business in person, if the person

(i) is a party or a party’s officer; or

(ii) is commanded to attend a trial and would not incur substantial 

expense.

(2) For Other Discovery. A subpoena may command:

(A) production of documents, or electronically stored information, or 

things at a place within 100 miles of where the person resides, is employed, 

or regularly transacts business in person; and

(B) inspection of premises, at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney 

responsible for issuing and serving a subpoena must take reasonable steps to 

avoid imposing undue burden or expense on a person subject to the subpoena. 

The court for the district where compliance is required must enforce this duty 

and impose an appropriate sanction — which may include lost earnings and 

reasonable attorney's fees — on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce 

documents, electronically stored information, or tangible things, or to permit 

the inspection of premises, need not appear in person at the place of 

production or inspection unless also commanded to appear for a deposition, 

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible 

things or to permit inspection may serve on the party or attorney designated 

in the subpoena a written objection to inspecting, copying, testing or 

sampling any or all of the materials or to inspecting the premises — or to 

producing electronically stored information in the form or forms requested. 

The objection must be served before the earlier of the time specified for 

compliance or 14 days after the subpoena is served. If an objection is made, 

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party 

may move the court for the district where compliance is required for an order 

compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the 

order must protect a person who is neither a party nor a party's officer from 

significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where 

compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits 

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no 

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a 

subpoena, the court for the district where compliance is required may, on 

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does 

not describe specific occurrences in dispute and results from the expert's 

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot

be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably

compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce 

documents must produce them as they are kept in the ordinary course of 

business or must organize and label them to correspond to the categories in 

the demand.

(B) Form for Producing Electronically Stored Information Not 

Specified. If a subpoena does not specify a form for producing electronically 

stored information, the person responding must produce it in a form or forms 

in which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The 

person responding need not produce the same electronically stored 

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person 

responding need not provide discovery of electronically stored information 

from sources that the person identifies as not reasonably accessible because 

of undue burden or cost. On motion to compel discovery or for a protective 

order, the person responding must show that the information is not 

reasonably accessible because of undue burden or cost. If that showing is 

made, the court may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule 

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed

information under a claim that it is privileged or subject to protection as trialpreparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, 

or tangible things in a manner that, without revealing information itself 

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena 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 party 

must promptly return, sequester, or destroy the specified information and any 

copies it has; must not use or disclose the information until the claim is 

resolved; must take reasonable steps to retrieve the information if the party 

disclosed it before being notified; and may promptly present the information 

under seal to the court for the district where compliance is required for a 

determination of the claim. The person who produced the information must 

preserve the information until the claim is resolved.

. . .

(g) Contempt. The court for the district where compliance is required – and

also, after a motion is transferred, the issuing court – may hold in contempt

a person who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)

Case 22-12790-EPK Doc 271 Filed 09/29/22 Page 10 of 10