Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 1 of 15
`Case 6:20-cv-00636—ADA Document 89-1 Filed 03/30/21 Page 1 of 15
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`EXHIBIT AD
`
`EXHIBIT AD
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`

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`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 2 of 15
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Western District of Texas
`__________ District of __________
`
`Civil Action No.
`
`6:20-cv-00636-ADA
`
`))))))
`
`Demaray LLC
`Plaintiff
`v.
`Samsung Electronics Co., Ltd (a Korean company)
`et al.
`Defendant
`
`To:
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Applied Materials, Inc.
`c/o Corporation Service Company, 211 E. 7th St Suite 620, Austin, Texas 78701
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`See attached Schedule A
`
`Place:
`
`600 Congress Ave., Ste. 2100 Austin, Texas 78701
`
`Date and Time:
`
`01/04/2020 9:00 am
`
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 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 (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`12/12/2020
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ C. Maclain Wells
`Attorney’s signature
`
`Demaray LLC
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`C. Maclain Wells; 1800 Avenue of the Stars, Suite 900, Los Angeles, CA 90067; mwells@irell.com; (310) 203-7565
`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 the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

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`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 3 of 15
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`6:20-cv-00636-ADA
`
`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)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`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 $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 4 of 15
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(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.
`
` (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, electronically stored information, or
`tangible 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
`
`(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 trial-preparation
`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).
`
`

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`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 5 of 15
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`
`
`
`
`SCHEDULE A
`DEFINITIONS AND INSTRUCTIONS
`Each of` these definitions and instructions is incorporated into each of the document
`requests to which it pertains.
`1.
`“You,” “your,” and “Applied” mean Applied Materials, Inc., and all predecessors,
`subsidiaries, parents, and affiliates, and all past or present directors, officers, agents, representatives,
`employees, consultants, attorneys, entities acting in joint-venture or partnership relationships with
`Applied, and others acting on behalf of Applied.
`2.
`“Intel” mean Intel Corporation, and all predecessors, subsidiaries, parents, and
`affiliates, and all past or present directors, officers, agents, representatives, employees, consultants,
`attorneys, entities acting in joint-venture or partnership relationships with Intel, and others acting on
`behalf of Intel.
`3.
`“Samsung” means Samsung Electronics Co., Ltd., Samsung Electronics America,
`Inc., Samsung Semiconductor, Inc., Samsung Austin Semiconductor, LLC, and all predecessors,
`subsidiaries, parents, and affiliates, and all past or present directors, officers, agents, representatives,
`employees, consultants, attorneys, entities acting in joint-venture or partnership relationships with
`Samsung, and others acting on behalf of Samsung.
`4.
`The term “RMS PVD chamber” refers to any reactor chamber used for physical
`vapor deposition (“PVD”) of a thin film using reactive magnetron sputtering (“RMS”).
`5.
`The term “Intel semiconductor products,” “Samsung semiconductor products,” and
`“Intel or Samsung semiconductor products” refer to all Intel or Samsung semiconductor products,
`respectively, that include at least one layer of material deposited with an Intel or Samsung RMS
`PVD chamber.
`6.
`The term “person” refers to any natural person, firm, association, organization,
`partnership, sole proprietorship, business trust, corporation or public entity.
`7.
`The terms “document” or “documents” are used herein in their customary broad
`sense, and mean any kind of printed, recorded, written, graphic, or photographic matter (including
`tape recordings), however printed, produced, reproduced, coded or stored, of any kind or
`
`10896707.2
`
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`

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`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 6 of 15
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`description, whether sent or received or not, including originals, copies, drafts, and both sides
`thereof, and including papers, books, charts, graphs, photographs, drawings, correspondence,
`telegrams, cables, telex messages, memoranda, notes, notations, work papers, routing slips, intra
`and inter-office communications, electronic mail, affidavits, statements, opinions, court pleadings,
`reports, indices, studies, analyses, forecasts, evaluations, contracts, computer printouts, data
`processing input and output, computer programs, microfilms, microfiche, all other records kept by
`electronic, photographic, or mechanical means, and things similar to any of the foregoing,
`regardless of their author or origin, or any kind.
`8.
`The terms “and” and “or” are terms of inclusion and not of exclusion and are to be
`construed either disjunctively or conjunctively as necessary to bring within the scope of these
`requests any documents or responses which might otherwise be construed to be outside their scope.
`9.
`Nouns, whether singular or plural herein, shall be construed either as singular or
`plural as necessary to bring within the scope of these requests any documents or responses which
`might otherwise be construed to be outside their scope.
`10.
`The term “including” means “including without limitation,” as appropriate, so as to
`bring within the scope of the discovery request all responses that might otherwise be construed to be
`outside of its scope. The term “all” means “any and all,” as appropriate.
`11.
`In producing the documents and things requested, you are requested to produce all
`documents and things known or available to you regardless of whether such documents and things
`are possessed directly by you or your agents, employees, representatives, investigators, or by your
`attorneys or their agents, employees, representatives or investigators. If any of the documents and
`things requested cannot be produced in full, produce them to the extent possible, specifying your
`reasons for your inability to produce them in full, and stating whatever information, knowledge or
`belief you have concerning the unproduced portion. If any documents and things requested are no
`longer in existence, state for each document or thing: (a) the type of document or thing; (b) the type
`of information contained; (c) the date on which it ceased to exist; (d) the circumstances under which
`
`10896707.2
`
`
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`

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`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 7 of 15
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`it ceased to exist; (e) the identity of all persons having knowledge of the circumstances under which
`it ceased to exist; and (f) the identity of all persons having knowledge of its contents.
`12.
`If a request calls for the production of a document as to which you claim any
`privilege or any other ground for withholding or otherwise failing to produce any requested
`document, please provide, at the time at which the other documents are produced, a log which,
`separately for each document not produced, sets forth: (a) the identity of the author thereof, the
`parties thereto, and any person who helped in its preparation; (b) the title or other identifying data
`sufficient to describe the document for purposes of a subpoena duces tecum; (c) the date of the
`document, or, if no date appears thereon, the approximate date; (d) the identity of each person to
`whom the document, or any copy thereof, was transmitted, shown, or disclosed by any entity; (e)
`the purpose for which the document was prepared; (f) the non-privileged contents of the document,
`if any portion thereof is not subject to a claim of privilege; and (g) each and every fact or basis on
`which you claim such a privilege or ground for your refusal to produce the document, in such detail
`as would be required for Demaray to test the claim of privilege on a motion to compel.
`13.
`All documents shall be produced in the same sequence and organizational structure
`as they kept or maintained by Applied. For example, for any responsive documents maintained in a
`hard copy file folder, attach to the set of documents from that file folder a copy of the file folder
`itself, including all written or printed material on the original file folder. The integrity and internal
`sequence of the requested documents within each file folder shall not be disturbed. Under no
`circumstances shall documents from any file folder be commingled with documents from any other
`file folder.
`14.
`All responses to these Requests for Production require supplementation and
`correction as prescribed by Rule 26 of the Federal Rules of Civil Procedure.
`DOCUMENT REQUESTS
`
`TRANSFER REQUEST NO. 1:
`All manuals for each Applied reactor supplied to Intel or Samsung with a RMS PVD
`chamber, including, without limitation, installation, operation and maintenance manuals.
`
`10896707.2
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`
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`
`
`

`

`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 8 of 15
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`TRANSFER REQUEST NO. 2:
`All sales documents for each Applied reactor supplied to Intel or Samsung with a RMS PVD
`chamber, including, without limitation, purchase orders, fulfillment documents and documents
`identifying the location of the sale, delivery, and installation of such reactors.
`TRANSFER REQUEST NO. 3:
`All documents describing the manufacture, assembly and installation of each Applied
`reactor supplied to Intel or Samsung with a RMS PVD chamber, including, without limitation,
`documents identifying the location of the manufacture, assembly and installation of such reactors.
`TRANSFER REQUEST NO. 3:
`All documents describing processes to be run on each Applied reactor supplied to Intel or
`Samsung with a RMS PVD chamber for the deposition of a thin film, including, without limitation,
`process recipes, operating procedures, process release specifications, process development
`materials, demonstration lab reports, and process of record materials.
`TRANSFER REQUEST NO. 4:
`For each Applied reactors supplied to Intel or Samsung with a RMS PVD chamber, all
`documents describing the configuration of the RMS PVD chamber, including, without limitation,
`documents identifying the location at which the configuration occurs.
`TRANSFER REQUEST NO. 5:
`For each Applied reactor supplied to Intel or Samsung with a RMS PVD chamber,
`documents sufficient to show the configuration of the reactor, including, without limitation,
`documents sufficient to show any filters configured to be used with the power sources for each PVD
`chamber.
`TRANSFER REQUEST NO. 6:
`All documents describing the development of each Applied reactor supplied to Intel or
`Samsung with a RMS PVD chamber, including, without limitation, documents identifying the
`location(s) at which such development occurred and the persons involved.
`
`10896707.2
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`
`
`
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`

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`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 9 of 15
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`TRANSFER REQUEST NO. 8:
`All documents describing the application-specific process kits available for each Applied
`reactor supplied to Intel or Samsung with a RMS PVD chamber, including, without limitation,
`documents identifying the location at which such kits are developed, manufactured, assembled and
`supplied and configured.
`TRANSFER REQUEST NO. 9:
`Documents sufficient to identify the power sources available for use in RMS PVD chambers
`in Applied reactors, including, without limitation, the power sources to the target and the power
`sources to the substrate and the location of power source suppliers and development work related
`thereto.
`TRANSFER REQUEST NO. 10:
`All documents regarding the use of pulsed DC power to the target in RMS PVD chambers in
`Applied reactors, including, without limitation, the different power sources available for use, the
`available configurations, and the location of development work related thereto.
`TRANSFER REQUEST NO. 11:
`All documents regarding the use of an RF bias on the substrate and pulsed DC power to the
`target in RMS PVD chambers in Applied reactors, including, without limitation, the different power
`sources available for use, the available configurations, and the location of development work related
`thereto.
`TRANSFER REQUEST NO. 12:
`All documents regarding the use of a filter with a RMS PVD chamber in Applied reactors
`with an RF bias on the substrate and pulsed DC power to the target including, without limitation,
`the different filters available for use, the filter suppliers, the filter’s purpose, and the location of
`development work related thereto.
`
`10896707.2
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`
`
`
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`

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`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 10 of 15
`
`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Western District of Texas
`__________ District of __________
`
`Civil Action No.
`
`6:20-cv-00636-ADA
`
`))))))
`
`Demaray LLC
`Plaintiff
`v.
`Samsung Electronics Co., Ltd (a Korean company)
`et al.
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`Applied Materials, Inc.
`c/o Corporation Service Company, 211 E. 7th St Suite 620, Austin, Texas 78701
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) 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 agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`See attached Schedule A
`
`Place:
`
`Remote to be agreed upon by the parties
`
`Date and Time:
`
`01/11/2020 9:00 am
`
`The deposition will be recorded by this method:
`
`Sternographically, video, audio, and/or LiveNote
`
`(cid:117) Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`
`The following provisions of Fed. R. Civ. P. 45 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 (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`12/12/2020
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ C. Maclain Wells
`Attorney’s signature
`
`Demaray LLC
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`C. Maclain Wells; 1800 Avenue of the Stars, Suite 900, Los Angeles, CA 90067; mwells@irell.com; (310) 203-7565
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 11 of 15
`
`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`6:20-cv-00636-ADA
`
`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)
`
`(cid:117) I served the subpoena by delivering a copy to the named individual as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`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 $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 6:20-cv-00636-ADA Document 89-1 Filed 03/30/21 Page 12 of 15
`
`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(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.
`
`(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, electronically stored information, or
`tangible 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:
`
`(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 trial-preparation
`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,