This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
Maine Subpoena in a Case Under the Bankruptcy Code - B 256
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US-B-256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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FAQ
File a petition to domesticate The party must file a petition in the Maine court where compliance with the subpoena is sought. The petition should include the foreign subpoena, a statement identifying the person or entity to whom the subpoena is directed, and any additional information required by the court.
You can object to the subpoena in writing, move to quash or modify a subpoena, or contact the adverse party in the lawsuit who may challenge the subpoena as well.
Objecting to Subpoenas Common grounds for objections include that the subpoena: (1) imposes undue burden or expense; (2) seeks documents containing irrelevant information; (3) is vague and/or ambiguous; and (4) seeks disclosure of trade secrets or other privileged or confidential information.
Provide copies of the requested documents. If the subpoena lacks this detail, then you should provide photocopies of any documents instead of the original. If the subpoena is for an electronically stored information, then you must present it in its ordinarily maintained form or a form that is still usable to the court.
Choosing to try and avoid a subpoena is not an easy process. The person will need to hire an attorney, pay attorney fees in most cases, and will need to prepare a motion. If the motion fails, or if there are other reasons that a party may need the person to testify, they may not be excused.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
Show up. For a subpoena that requires you to provide testimony or a deposition, you simply need to ensure that you show up at the assigned time and place listed in the subpoena. Depending on your situation and the questions you can anticipate being asked, you may want to seek the counsel of your attorney.