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AO 88A Rev. 02/14 Subpoena to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the District of Plaintiff v. Defendant Civil Action No. SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To Name of person to whom this subpoena is directed Testimony YOU ARE COMMANDED to appear at the time date and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization you must designate one or more officers directors or managing...
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Under oath before the Honorable John D. Kane. You will receive a copy of the subpoena in writing. (c) I hereby grant, in consideration of your testimony, a waiver of any objections, if any, to the production of your testimony or the deposition itself. (d) You will be advised by counsel before your deposition whether you have any objections to the questions asked of you; to the manner in which any questions will be answered; or to the manner in which the deposition will be taken. (e) The production of personal papers or other materials from the defendant will not have the effect of testifying against you at the deposition, if the defendant fails to assert a privilege in such materials or to show that they are in the possession of an attorney-client or attorney-subpoena. If the defendant asserts such a privilege, and you believe there is a legal privilege to withhold the production of such materials, you should request the production of the materials, unless you are sure that the privilege or legal privilege is clear. The testimony taken at the deposition shall be taken in private. You acknowledge that you will be present and may be questioned in private. (f) If the deposition is not taken in the presence of the person who is suing you, the court may, at its discretion, allow testimony to be taken by telephone on a limited basis. The parties must agree to the procedure for conducting the telephone test. No testimony by telephone may be used against the individual in the plaintiff's cause of action. Such testimony may only be used to supplement the deposition. This court will not permit testimony by telephone to be used to prove the falsity of statements made in a deposition. (g) At the time the deposition is taken, the individual must be advised of his or her rights and the procedure for exercising such rights. (h) The deposition may be taken in whole or in part and, unless the individual objects, a transcript shall be completed of the examination. (i) There can be no waiver by the witness of the right of discovery, or the right to inspect and copy documents, or to cross-examine witnesses before taking your testimony, or either of those rights if the documents or witnesses are produced at the time of deposition. (j) A person having standing to object to the production of documents, or of cross-examination on the ground that they are privileged, may have them inspected and copied at other points after the deposition.