Former President Uribe is Served with a Subpoena to Testify at a Deposition

Conrad & Scherer
Attorneys at Law

November 3, 2010


ATTENTION: Alvaro Uribe Velez

Dear Mr. Uribe:

As per the attached subpoena in the Drummond litigation, we have scheduled your deposition for Monday, November 22 at 9:00 am in my office. If that date is not convenient for you, please contact my office and we can reschedule for a mutually-convenient time. Otherwise, I look forward to seeing you on November 22.


Terrence P. Collingsworth

Established 1974 Rex Conrad 1935-1999
William Scherer Conrad & Scherer IXP
1156 15th St. NW, Suite 502
Washington, DC 20005
Phone 202.543.4001
Fax 1.866.803.1125

AO 8SA (Rcv. 06/09) Subpoena to Testify at a Deposition in a Civil Actor

for the
District of Columbia


Civil Action No. 7:09-cv-1041-RDP

(lf the action is pending in another district, state where: Northern District of Alabama )


To: Alvaro Uribe Vélez, Inter-Cultural Center, Georgetown University, ICC 223B, 3800 Reservoir Road NW, Washington, D.C. 20007

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 organizaron that is not a party in this case, yon must desígnate one or more officers, directors, or managing agents, or desígnate othei persons who consent to testify on your behalf about the following marters, or those set forth in an attachment:


Conrad & Scherer, LLP
1156 15th Street NW, Suite 502
Washington, D.C. 20005

Date and Time:

11/22/2010 9:00 am

The deposition will be recorded by this method: audiovisual and stenooraphic means

Production: You, or your representatives, must aiso bring with you to the deposition the following documents, electrónica! ly stored information, or objects, and permit their inspection, copying, testing, or sampling of the material:

The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached.

Date: 10/26/2010


The name, address, e-mail, and telephone number of the attorney representing CLAUDIA BALCERO GIRALDO, et al., who issues or requests this subpoena, are:

Terrence P. Collingsworth, Conrad & Scherer LLP
1156 15th St. NW, Suite 502, Washington, D.C. 20005
P: 202-543-4001, F:1-866-8031125

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)

(c) Protecting a Person Subjcet to a Subpoena.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid ímposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction -- which may include lost earnings and reasonable attomey's fees-- on a party or attorney who fails to comply.

(2) Command ío Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce documents, eiectronically 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 eiectronically stored information in the form or forms requested. The objection must be served beforethe 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 issuing court 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 ñor a party's officer from sígnificant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the issuing court must quash or modify a subpoena that:

    (i) fails to allow a reasonable time to comply;
    (ii) requires a person who is neither a party ñor a party 's officer to travel more than 100 miles from where that person resides, is employed, or regularly transaets business in person -- except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is he Id;
    (iii) requires dísclosure of prívileged or other protected mafter, if no exception or waiver applies; or
    (iv) subjeets a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires:

    (i) disclosing a trade secret or other confidential research, development, or commercial information;
    (ii) disclosing an unretained expert's opinión or information that does not describe specific oceurrences in dispute and results from the expert's study that was not requested by a party; or
    (iii) a person who is neither a party ñor a party's officer to incur substantia) expense to travel more than 100 miles to attend trial.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(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 rnet without undue hardship; and
    (ii) ensures that the subpoenaed person will be reasonably compensated.

(d) Duties in Responding to a Subpoena.

(1) Producing Documents or Eiectronically Stored Information.

These procedures apply to producing documents or eiectronically 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 Eiectronically Stored Information Not Specified. If a subpoena does not specify a form for producing eiectronically 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 eiectronically stored information in more than one form.

(D) Inaccessibte Eiectronically Stored Information. The person responding need not provide discovery of eiectronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cosí. 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 sucli sources if the re que sí íng party shows good cause, considering the limitations of Rule 26(bX2)(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 prívileged 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 prívileged 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 retum, 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 issuing 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 Rule 45(c)(3)(A)(ii).

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