Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Appendix B - SUBPOENA

Current through July 13, 2024
To:
				Name
_____________________________________________
Address
___________________________________________
City, State,
				Zip
_____________________________________
YOU ARE HEREBY REQUIRED to appear as a witness at a hearing
				before the Office of Administrative Hearings for the______________to be held
				at_____o'clock___.m., on the _______________day of_________________, 20___at
				the_________________________.
THIS YOU ARE NOT TO OMIT UNDER PENALTY OF LAW.
In accordance with Rule  45  of the Wyoming Rules of Civil
				Procedure (LexisNexis 2013), be advised:
(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 on behalf of 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 a reasonable attorney's fee.
(2)
(A) A person commanded to produce and permit inspection,
				  copying, testing, or sampling of designated electronically stored information,
				  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, copying, testing, or sampling may,
					 within 14 days after service of the 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 producing any or all
					 of the designated materials or inspection of the premises - or to producing
					 electronically stored information in the form or forms requested. If objection is
					 made, the party serving the subpoena shall not be entitled to inspect, copy,
					 test, or sample the 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, inspection, copying,
					 testing, or sampling. Such an order to compel shall protect any person who is not
					 a party or an officer of a party from significant expense resulting from the
					 inspection, copying, testing, or sampling 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 outside that person's county of residence or employment or a
						  county where that person 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;
(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 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
										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) 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.
(B) If a subpoena does not specify the form
										  or forms for producing electronically stored information, a person responding to
										  a subpoena must produce the information in a form or forms in which the person
										  ordinarily maintains it or in a form or forms that are reasonably usable.
(C) A person responding to a subpoena need
											 not produce the same electronically stored information in more than one
											 form.
(D) A person responding to a subpoena
												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 to quash, the person from whom discovery
												is sought must show that the information sought 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)
(A) When information or material
												  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.
(B) If information is produced in
													 response to a subpoena 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 party must promptly return, sequester, or destroy the specified
													 information and any copies it has and 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 a determination of the claim. 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.
(e) Contempt. -
Failure of any person without
													 adequate excuse to obey a subpoena served upon that person may be deemed a
													 contempt of the court from which the subpoena issued. An adequate cause for
													 failure to obey exists when a subpoena purports to require a nonparty to attend
													 or produce at a place not within the limits provided by clause (ii) of
													 subparagraph (c)(3)(A).
DONE this_____day
													 of______________________, 20___.