Case Document Filed Page of Case Document Filed Page of AO Rev Subpoena to Testify at a Deposition ma Civil Action To UNITED STATES DISTRICT COURT Virginia Giuffre Plaintiff Ghislaine Maxwell Defendant for the Southern District of New York Civil Action No SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION NADIA MARCINKOVA A/K/A NADIA MARCINKO Name of person to whom this suhpoena is directed fl 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 Place Boies,-Scni!Ter Flexner Lexington Avenue New York NY Date and Time am The deposition will be recorded by this method Stenographically and Videotaped 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 See attached Exhibit A The following provisions ofFed Civ are attached Rule relating to the place of compliance Ruic relating to your protection as a person subject to a subpoena and Ruic and relating to your duty to respond to this subpoena and the potential consequences of not doing so Date CLERK OF COURT OR Signature of Clerk or Deply Clerk signature The name address e-mail address and telephone number of the attorney representing name of party Virginia Giuffre __ __ who issues or requests this subpoena arc Sigrid Mccawley Boies Schiller Flexner LLP Las Olas Blvd Ft Lauderdale FL smccawloy bsfllp.com 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 Civ a Case Document Filed Page of AO Rev Subpoena to Testify at a Deposition in a Civil Action Page Civil Action No PROOF OF SERVICE This section should not befiled with the court unless required by Fed Civ I received this subpoena for name of individual and title if any on date I served the subpoena by delivering a copy to the named individual as follows elate or I returned the subpoena unexecuted because 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 days attendance and the mileage allowed by law in the amount of My fees are for travel and for services for a total of I declare under penalty of perjury that this information is true Date Servers signature Printed name and title Servers address Additional information regarding attempted service etc Case Document Filed Page of AO Rev Subpoena to Testify at a Deposition in a Civil Action Page Federal Rule of Civil Procedure and Effective Place of Compliance For a Trial le11ri11g or Deposition A subpoena may command a person to attend a trial hearing or deposition only as fbllows A within miles of where the person resides is employed or regularly transacts business in person or within the state where the person resides is employed or regularly transacts business in person if the person i is a party or a partys officer or ii is commanded to attend a trial and would not incur substantial expense For Other Discovery A subpoena may command A production of documents electronically stored information or tangible things at a place within miles or where the person resides is employed or regularly transacts business in person and inspection of premises at the premises to be inspected Protecting a Person Subject to a Subpoena Enforcement I Avoiding Undue Burden or Expense Sanctio11.1 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 fces-m a party or attorney who fails to comply Command to Produce Material.1 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 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-ir 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 days alter the subpoena is served fan objection is made the following rules apply i At any time on notice to the commanded person the serving party may move the court fi.ir 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 partys omcer from significant expense resulting from compliance Quashing or Modif.i 225ing 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 i requires disclosure of privileged or other protected matter ifno exception or waiver appl ics or iv subjects a person to undue burden When Permitted To protect a person subject to or afkcted 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 ii disclosing an unrctained experts opinion or information that docs not describe specific occurrences in dispute and results from the experts study that was not requested by a party Speciji 225ing Conditwns as an Alternative In the circumstances described in Rule 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 fi.1r the testimony or material that cannot be otherwise met without undue hardship and ii ensures that the subpoenaed person will be reasonably compensated Duties in Responding to a Subpoena I Producing Documents or Electronically Stored Information These procedures apply to producing documents or electronically stored in formation A Documents A person responding to a subpoena to produce documents must produce them as they arc kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand Form for Producing Electronically Stored Information Not Specified fa subpoena docs 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 forn1 or forms Electronicallv Stored Information Produced in Only One Form The person responding need not produce the same electronically stored information in more than one form naccessihle Electronicallv Stored h?fcmnation 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 infomiation is not reasonably accessible because of undue burden or cost lfthat showing is made the court may nonetheless order discovery from such sources if the requesting party shows good cause considering the limitations of Rule The court may specify conditions for the discovery Claiming Privilege or Protection A fnjcmnation 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 cl aim Information Produced lfinforn1ation 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 mfrmnation must preserve the infomrntion until the claim is resolved Contempt 1e court for the district where compliance is required--and also aJler 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 sec Fed Civ I a Committee Note Case Document Filed Page of Nadia Marcinkova a/kia Nadia Marcinko EXI!JHIT A DEfINIONS Wherever they hereafter appear the following words and phrases have the follov ing meanings Agent shall mean any agent employee officer director attorney independent contractor or any other person acting or purporting to act at the discretion of or on behalf of another Correspondence or communica1ion shall mean all written or verbal comnmnications by any and ail methods including without limitation letters memoranda and/or electronic mail by whid1 information in whatever rm is stored transmitted or rcceiv..:d and includes every manner or means of disclosure transfer or exchange and every disclosure transfer or exchange of information whether orally or by Document or otherwise face-to-face by telephone telecopics e-mail text modem transmission computer generated message mail personal delivery or otherwise Plaintiff in the above captioned action shall mean the plaintiff Virginia Giuffre formerly known as Virginia Roberts Defcndan in the above captioned action shall mean the defendant Ghislaine Maxwell and her employees representatives or agents Document shall an all Witten and graphic matter however produced or reproduced and each and every thing from which infonnation can be processed transcribed transmitted restored recorded or memorialized in any way by any means regardless of technology or form It includes without limitation correspondence memoranda notes notations diaries papers books accounts 1ewspaper and magazine arlielcs advertisements photographs videos notebooks ledgers letters telegrams cables telex messages facsimiles Case Document Filed Page of Nadia Marcinkova a/k/a Nadia Marcinko EXHIBir_1_ contracts offers agreements reports jccts tangible things ork papers transcripts minutes reports an recordings of telephone or other conversations or communications or of interviews or conference or of other meel ings occurrences or transactions affidavits statements summaries opinions tests experiments analysis evaluations journals balance sheets income statements statistical records desk calendars appointment books lists tabulations sound recordings data processing input or output microfilms checks statements receipts summaries computer printouts computer programs text messages e-mails information kept in computer hard drives other computer drives of any kind computer tape back-up CD-ROM other computer disks of any kind teietypes telecopics invoices worksheets printed matter of every kind and description graphic an oral records and representations of any kind and electronic writings and recordings as set forth in the Federal Rules of Evidence including but not limited to originals or copies where originals arc not available Any Document with any marks such as initials comments or notations oC any kind of not deemed to he identical with one without such ma:-ks and is produced as a separate Document Where there is any question about whether a tangible item otherwise described in these requests falls within the definition of Docwnent such tangible item shall be produced Employee includes a past or present officer director agent or servant including any attorney associate or partner or paralegal Including means including without limitation Jeffrey Epstein includes Jeffrey Epstein and any entities owned or controlled by Jeffrey Epstein any employee agent attorney consultant or representative of Jeffrey Epstein Case Document Filed Page of Nadia Man:iukova a/k/a Nadia Marcinko IHmT A Ghislaine Maxwell includes Ghislaine 1axwell and any entities owned or controlled by Ghislaine Maxwell any employee agent attorney consultant or representative of Ghislaine Maxwell Person includes natural persons proprietorships governmental agencies corporations partnerships trusts joint ventures groups associations organizations or any other legal or business entity You or 267Your hereinafter means Nadia Mareinkova a/k/a Nadia Marcinko and any employee agent attorney consultant related entities or other representative of Nadia Marcinkova a/k/a Nadia Marcinko INSTR lJ CTI TS Production of Documents and items requested herein shall be made at the offices of Boies Schiller ffexncr LLP Lexington Avenue New York NY no later than five days before the date noticed for Your deposition or if an alternate date is agreed upon no later than five days before the agreed-upon date Unless indicated otherwise the Relevant Period for this Request is from to the present A Document should be considered to be within the relevant time frame if it refers or relates to communications meetings or other events or Documents that occurred or were created within that time frame regardless of the date of creation of the responsive Document This Request calls for the production of all responsive Documents in Your possession custody or control without regard to 1he physical location of such Documents If any Docmnent requested was in Your possession or control but is no longer in its possession or control state what disposition was made of said Document the for such disposition and the date of such disposition Case Document Filed Page of Nadia Marcinkova a/k/a adia Marcinko FXIHBIT A For the pllrposcs of reading interpreting or construing the scope of these requests the terms used shall be given their most expansive nnd inclusive interpretation This includes without limitation the following a Wherever appropriate herein the singular form of a word shall be interpreted as plural and vice versa And as well as or shall he construed either disjunctively or conjunctively as necessary to bring within the scope hereof any information as defined herein which might otherwise be construed to be outside the scope of this discovery request Any shall be understood to include and encompass all and vice versa Wherever appropriate herein the masculine form of a word shall be interpreted as feminine and vice versa lncluding shall mean including without limitation If You arc unable to answer or respond fully to any Document request mswer or respond to the extent possible and specify the reasons for Your inability to answer or respond in full If the recipient has no Documents rcspon ive to a particular Request the recipient shall so stale Unless instructed otherwise each Request shall be construed independently and not by reference to any other Request for the purpose of limitation The words relate relating relates or any other derivative thereof as used herein includes concerning referring to responding to relating to pertaining to connected with comprising ruemoria1izing evidencing commenting on regarding discussing showing describing reflecting analyzing or constituting ldentitY means with respect to any person or any reference to the identity of any person to provide the name home address telephone number business name business Case Document Filed Page of Nadia Marcinkova a.tk/a aciia 1arc:nko FXHTIHT A address business telephone number e-mail address and a description or each such persons connection with the events in question Identify means with respect to any Document or any reference to stating the identification of any Document provide the title and date of each such Document the name and address of the party or parties responsible for the preparation of each such Document the name and address of the party vho requested or required the preparation and on whose behalf it was prepared the name and address of the recipient or recipients to each such Docwnent and the present location of any and all copies of each such Document and the names and addresses of all persons who have custody or control of each such Document or copies thereof Ir producing Documents if the original of any Document cannot be located a copy shall be produced in lieu thereof mid shall be legible md bound or stapled in the sarne manner as the original Any copy or a Document that is not identical shall be considered a separate Document If any requested Document cannot be produced in full produce the Document to the extent possible spcci ying each reason for Your inability to produce the remainder of the Document stating whatever inflmnation knowledge or belief which You have concerning the portion not produced If any Document requested was a any one tirm in existence but arc no longer in existence then so state specifying for each Document a the type of Document the types of information contained thereon lhe date upon which it ceased to exist the circumstances under which it ceased to exist the identity of all person having knowledge of the Case Document Filed Page of Nadia Marcinkova a/k/a Nadia Marcinko EXI IIBIT circumstances under which it ceased to c:xis1 and i the identity of all persons having knO vledgc ur who had knowledge of contents thereof and each individuals address Ali Documents shall be produced in the same order as they are kept or maintained by You in the ordinary course of business You are requested to produce all drafts and notes whether typed handwritten or otherwise made or prepared in connection with the requested Documents whether or not used Documents attached to each other shall not be separated Documents shall be produced in such fashion as to identify the department branch or offo.:e in Vhose possession faey were located and where applicable the natural person in whose possession they vere found and business address of each Documents custodian If any Document responsive to the request is withheld in ull or part based upon any claim of privilege or protection whether based on statute or otherwise state separately for each Document in addition to any other information requested a the specific request which calls for the productimi the nature of the privikge claimed its elate the name and address of each w.:thor the mrnc and address of each of the addresses and/or individual to whom the Document was distributed if any the title or position of its author type of tangible object e.g k:ttcr memorandum telegram chart repott recording disk etc its title aud su ject matter v.rithoat revealing the information as to which the privilege is claimed i with sufficient specificity to permit tbe Court to make full determination as to whether the claim of privilege is valid each and every fact or basis on which You claim such privilege and whether the Document contained an attachment and to the extent You arc claiming a privilege as to the attachment a separate log entry addressing that privilege claim Case Document Filed Page of N2.Jia v1arcinkova a.lkJa Jadia i farci:1ko If any Document requested herein is withheld in all or part based on a claim that such Document constitutes attorney work product provide all of the information described in Instruction No and also identify the litigation in connection with which the Document and the information it contains was obtained and/or prepared Plaintiff docs not seek and docs not require the production of multiple copies of identical Documents This Request is deemed to be coniinuing Ir after producing these Documents You btain or b..:com aware of any further infonr:ation Documents things or inlom1ation responsive to this Request You arc required to so state hy supplementing Your responses and producing such addidonal Documents to Plaintiff
21,149 characters
