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Government and People
September 18, 2008
SUBPOENA DUCES TECUM
TO: Sequoia Voting Systems
PURSUANT TO D.C. Official Code § 1-204.13, YOU ARE COMMANDED TO BRING to the Council Board of Elections and Ethics Investigation Special Committee of the Council of the District of Columbia, John A. Wilson Building, 1350 Pennsylvania Avenue, NW, Suite 108, Washington, DC, by 5:00 p.m. by the 26th day of September, 2008, the following:
This subpoena is issued as part of the Committee’s investigation pursuant to the Council Board of Elections and Ethics Investigation Special Committee Establishment Emergency Resolution of 2008. Definitions and instructions for complying with this subpoena are attached.
ISSUED BY: Councilmember Mary M. Cheh
ATTEST: Cynthia Brock-Smith, Secretary to the Council of the District of Columbia
IMPORTANT: If you fail to produce the documents or items requested, the Council may refer the matter to the Superior Court of the District of Columbia for an order compelling the production of the documents or items requested. Failure to obey such an order may be punished as contempt of Court.
DO NOT FAIL TO PRODUCE THE REQUESTED ITEMS BY THE REQUIRED TIME.
DEFINITIONS AND INSTRUCTIONS
1. Sequoia Voting Systems shall mean Sequoia Voting Systems, its corporate predecessors, and past or present divisions, departments, officers, directors, principals, agents, and employees.
2. “You,” “yours,” or “recipient” shall mean Sequoia Voting Systems, its corporate predecessors, and past or present subsidiaries, affiliates, divisions, departments, officers, directors, principals, agents, and employees.
3. “Communication” means any transmission of information by one or more persons and/or between two or more persons by means including telephone conversations, letters, telegrams, teletypes, telexes, telecopies, electronic mail, text messages, instant messages, other computer linkups, written memoranda, and face-to-face conversations.
4. “Document” means the complete original (or complete copy where the original is unavailable) and each non-identical copy (where different from the original because of notes made on the copy or otherwise) of any writing or record, including but not limited to all written, typewritten, handwritten, printed or graphic matter of any kind or nature, however produced or reproduced, any form of collected data for use with electronic data processing equipment, and any mechanical or electronic visual or sound recordings, including, without limitation, all tapes and discs, now or formerly in your possession, custody or control. The term “document” includes, but is not limited to, e-mails, invoices, purchase orders, checks, receipts, letters and other correspondence, offers, contracts, agreements, bids, proposals, licenses, permits, reports to government agencies, ledgers, accounts receivable, accounts payable, account statements, financial statements, reports of any kind, minutes of meetings, sales estimates, sales reports, memoranda, notes, calendar or diary entries, agendas, bulletins, graphs, charts, maps, photographs, drawings, surveys, data, price lists, summaries, telegrams, teletypes, computer printouts, magnetic tapes, discs, microfilm, and microfiche.
5. Documents that are in paper form or that constitute other physical objects from which recorded information may be visually read, as well as audio or video tapes and similar recordings, should be produced in their original form or in copies that are exact duplicates of the originals. Computer files and similar electronic records should be produced in a readable form mutually agreed upon by the parties.
6. “Exemplar” means equipment that is identical in make, model, and other characteristics, to the equipment supplied.
7. “Relate to,” “relates to,” “refer to,” or “concerning” means mentioning, discussing, reflecting, containing, embodying, stating, dealing with, or making reference to or relating to in any way.
8. The words “and” and “or” shall be construed conjunctively or disjunctively as necessary to make the request inclusive rather than exclusive.
9. “Identify” when used in reference to a natural person, means to state his or her name, present or last known address, present or last known employer, and position or job title of employment. “Identify” when used in reference to a document means to state the type of document (e.g., letter, memorandum, telegram, chart, etc.), its author and originator, its date or dates, all addressees and recipients, and its present location or custodian. If any such document was but is no longer in your possession or subject to your control, state what disposition was made of it, including the date that it left your possession or control and identify the person to whom you transferred it.
10. “Includes” and “including” are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.
11. “Describe” or “state” means to set forth fully and unambiguously every fact that relates to the answer called for by the request of which you have knowledge and to identify each individual with knowledge or information that relates to your answer.
12. “Describe” or “state,” when used in reference to a factual or legal contention, shall mean to describe the full factual and legal basis for the contention, to identify all documents either supporting or contradicting the contention, and to identify all persons at Sequoia or elsewhere that you believe is knowledgeable about each such fact or document.
13. Documents should be produced either (a) as they are kept in the ordinary course of business, complete with the original file folders, binders, or other containers in which they are stored (or legible copies of the labels from those folders, binders, or containers), or (b) organized according to the document request(s) to which they are responsive. If Sequoia Voting Systems elects the latter mode of production, each document or set of documents from a particular file, binder, or other container should be accompanied by a legible copy of the label from that container or some other reliable indicator of the file from which it was taken.
14. If Sequoia Voting Systems asserts a claim of privilege as to one or more documents sought in this request, Sequoia Voting Systems should list, for each such document, the document’s date, signatory or signatories, author(s), addressee(s), each other person who received a copy, the subject matter of the document, its location and custodian, and the basis for the claim of privilege. Such information should be supplied in sufficient detail to permit the Committee to assess the applicability of the privilege claimed.
15. If any of the requested documents was but is no longer in Sequoia Voting System’s possession or subject to its control, state what disposition was made of it and when, and explain the reasons for such disposition.
16. This request is deemed continuing, and it is requested that supplemental responses and production be provided as additional documents become available.
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