Fillable Form 7a - Subpoena In Vaccine Cases (Page 3 of 3) in pdf

Form 7a - Subpoena In Vaccine Cases Page 3

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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 RCFC 26(b)(2)(C). The court may specify conditions for 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 to the court under seal for a determination of the claim. The person

who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty’s

failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of RCFC

45(c)(3)(A)(ii).

Form 7a - Subpoena In Vaccine Cases Page 3

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