Fillable Form 1: IN THE STATE OF ARIZONA IN (Tohono O'odham Nation)

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Form 1: IN THE STATE OF ARIZONA IN (Tohono O'odham Nation)

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Name of Person Filing: _______________________________________
Your Address: _______________________________________
Your City, State, Zip Code: _______________________________________
Your Telephone Number: _______________________________________
Attorney Bar Number (if applicable): _________________________________
Representing: Self (without legal counsel)
Or Legal Counsel for Plaintiff Respondent
IN THE JUDICIAL COURT OF THE TOHONO O’ODHAM NATION
IN THE STATE OF ARIZONA
CIVIL DIVISION
______________________________________________,
Plaintiff,
vs.
______________________________________________,
Defendant.
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Case No.: ______________________
SUBPOENA IN A CIVIL
CASE
TO:
__________________________________________
[Select one or more of the following:]
[ ] For Attendance of Witnesses at Hearing or Trial
YOU ARE ORDERED to appear in the Tohono O’odham Justice Center in Sells,
Arizona on the following date and time to testify at [ ] a hearing [ ] trial in this case:
Date:
Time:
[ ] For Taking of Depositions
YOU ARE ORDERED to appear at the place, date, and time set below to testify at a
deposition in this case:
Place of Deposition:
Address:
Date:
Time:
[ ] For Production of Documentary Evidence or Inspection of Premises
YOU ARE ORDERED, to produce and allow inspection, copying, testing, or sampling
of these documents, electronically stored information or tangible things, or to allow the
inspection of premises (list):
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at the place, date, and time set below:
Place of Production or Inspection: ________________________________________
Address: ____________________________________________________________
Date: _______________________________________________________________
Time: _______________________________________________________________
Your Duties in Responding To This Subpoena
Attendance at a Deposition, Hearing, or Trial. If this subpoena orders you to appear at a
deposition, hearing, or trial, you must appear at the place, date, and time in the subpoena.
You do not have to appear if the party serving the subpoena excuses you, or if you file a
timely motion with the court and the court quashes or modifies the subpoena. See
T.O.R.Civ.Pro. Rule 15(e)(2). See also “Your Right to Object to This Subpoena” section
below.
Production of Documentary Evidence or Inspection of Premises. If this subpoena orders
you to produce and allow inspection, copying, testing or sampling of designated
documents, electronically stored information, or tangible things, you must make the items
available at the place, date, and time set in this subpoena, and in the case of electronically
stored information, in the form or forms requested, unless you make a good faith written
objection to the party or legal counsel who served the subpoena. See T.O.R.Civ.Pro. Rule
15(c)(4). See also “Your Right to Object to This Subpoena” section below.
If this subpoena orders you to make certain property available for inspection, you must
allow inspection of the property on the date and time set in this subpoena unless you make
a good faith written objection to the party or legal counsel who served the subpoena. See
T.O.R.Civ.Pro. Rule 15(c)(4). See also “Your Right to Object to This Subpoena” section
below.
An order to produce certain designated materials, or to allow the inspection of premises,
may be combined with an order to appear at a deposition, hearing, or trial. You do not
need to appear in person at the place of production or inspection unless the subpoena also
states you must appear for and give testimony at a deposition, hearing, or trial. See
T.O.R.Civ.Pro. Rule 15(c)(2).
If the subpoena orders you to produce documents, you must produce the designated
documents as kept by you in the usual course of business, or you may organize the
documents and label them to match the categories stated in the subpoena. See
T.O.R.Civ.Pro. Rule 15(c)(3).
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Your Right to Object to This Subpoena
Generally. If you have concerns or questions about this subpoena, you must first contact
the party or legal counsel who served the subpoena. The party or legal counsel serving the
subpoena must try to avoid imposing an undue burden or expense on you. If you cannot
resolve your concern with the party or legal counsel serving the subpoena, you may file
an objection with the court. See T.O.R.Civ. Pro. Rules 15(e)(1).
Procedure for Objecting to a Subpoena. A subpoena may combine an order to appear at
a deposition, hearing, or trial with an order to produce documents, electronically stored
information, or tangible things, or to allow inspection of premises. If you wish to object
to a subpoena, you must file a motion to quash or modify the subpoena with the court to
obtain a court order excusing you from complying with this subpoena. Your motion must
clearly say to what part or parts of the subpoena you object. You must file the motion
with the Tohono O’odham Court before the time for compliance stated in the subpoena,
or within fourteen (14) days after the subpoena is served, whichever is earlier. You must
also send a copy of any motion to quash or modify the subpoena to the party or legal
counsel who served the subpoena. See T.O.R.Civ. Pro. Rule 15(e).
If you object to the subpoena in writing, you do not need to comply with the subpoena
until a court orders you to do so. It is up to the party or legal counsel serving the subpoena
to first consult with you and engage in good faith efforts to resolve your objection and, if
the objection cannot be resolved, to seek an order from the court to compel you to provide
the documents or inspection requested, after providing notice to you. See T.O.R.Civ. Pro.
Rule 15(c)(4)(B).
Actions by the Court After an Objection is Filed. The court may take the following
actions after you properly file a written objection.
The court must quash or modify a subpoena if the court finds:
(1) you are immune from service or enforcement of the subpoena;
(2) the subpoena does not allow a reasonable time to comply;
(3) the subpoena requires disclosure of privileged or other protected matter, if no exception
or waiver applies; or
(4) the subpoena causes an undue burden; or
The court may quash or modify a subpoena if the court finds the subpoena:
(1) requires disclosure of a trade secret or other confidential research, development, or
commercial information;
(2) requires disclosing an unretained expert’s opinion or information that does not describe
specific occurrences in dispute, and results from the expert’s study that were not requested
by a party;
(3) requires you to incur substantial travel expense and you are not a party or a party's
officer; or
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(4) should be modified or quashed in the interests of justice.
In these last four circumstances, a court may, instead of quashing or modifying a subpoena,
order your appearance or order the production of material under specified conditions if the
serving party or legal counsel shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship.
ADA Notification
Requests for reasonable accommodation for persons with disabilities must be made to the
court by parties at least three (3) working days before a scheduled court proceeding.
SIGNED AND SEALED this date __________________________________________
By: ____________________________________________________________________
Deputy Clerk
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Form 1: IN THE STATE OF ARIZONA IN (Tohono O'odham Nation)

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Completed 27 January 2021

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