SUBPOENA APPEAR PRODUCE - PsychRights

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--. ) IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA AT ANCHORAGE In The Matter of Necessity for the ) Hospitalization of ) ) Respondent ) vs. ) ) ) ) ) Petitioner ) ------------) CASE NO. _:::3AN=-::.:0 7:...:-..:.1::.:06:...:4:...:::.:P Ic..:S'---__ SUBPOENA TO APPEAR & PRODUCE , Alaska. To: William Weldon or designated representative(s) 1125 Trenton Harbourton Road, Titusville, NJ 08560 You are commanded to appear in court to testify as a witness in the above case at: Date and Time: September 5, 2007 at 9 :00 AM Master Brown Courtroom: 2nd FL at 303 K Street, Anchorage You are ordered to bring with you _ (SEAL) Date Subpoena issued at request of James B. Gottstein Attorney for Respondent Address: 406 G Street, Ste. 206, ANC Telephone: 907-274-7686 If you have any questions, contact the person named above. Deputy Clerk This subpoena must be filled in before being issued and may not be used to require a witness to appear for a deposition. Title Signature Print or Type Name RETURN I certify that on the date stated below, I served this subpoena on the person to whom it is addressed, , in , Alaska. I left a copy of the subpoena with the person named and also tendered mileage and witness fees required by court rule. Date and Time of Service Service Fees: Service $ _ Mileage $ _ TOTAL $ _ If served by other than apeace officer, this return must be notarized. Subscribed and sworn to or affirmed before me at , Alaska on __ . (SEAL) CN-IIO (8/96)(51.3) SUBPOENA TO APPEAR & PRODUCE Clerk of Court, Notary Public or other person authorized to administer oaths. My commission expires _ Civil Rule 45 Dist. Ct. Civ. R. II (I) Appendix, p 175

Transcript of SUBPOENA APPEAR PRODUCE - PsychRights

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IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKAAT ANCHORAGE

In The Matter of Necessity for the )Hospitalization of )

)Respondent lBl~ )

vs. )))))

Petitioner ~~ )

------------)

CASE NO. _:::3AN=-::.:07:...:-..:.1::.:06:...:4:...:::.:PIc..:S'---__

SUBPOENA TO APPEAR & PRODUCE

, Alaska.

To: William Weldon or designated representative(s)Address~anssen, 1125 Trenton Harbourton Road, Titusville, NJ 08560You are commanded to appear in court to testify as a witness in the above case at:

Date and Time: September 5, 2007 at 9 :00 AMMaster Brown Courtroom: 2nd FL at 303 K Street, Anchorage

You are ordered to bring with you _....;S~e:.:e:....:A'-'t:.::t;.::a;.::c.:.:h:;:ed:::...- _

(SEAL)

DateSubpoena issued at request of

James B. GottsteinAttorney for RespondentAddress: 406 G Street, Ste. 206, ANCTelephone: 907-274-7686If you have any questions, contact theperson named above.

Deputy ClerkThis subpoena must be filled in before beingissued and may not be used to require awitness to appear for a deposition.

Title

Signature

Print or Type Name

RETURNI certify that on the date stated below, I served this subpoena on the person to whom it isaddressed, , in ,Alaska. I left a copy of the subpoena with the person named and also tendered mileage andwitness fees required by court rule.

Date and Time ofService

Service Fees:Service $ _Mileage $ _TOTAL $ _

If served by other than apeace officer, this return must be notarized.Subscribed and sworn to or affirmed before me at , Alaskaon __ .

(SEAL)

CN-IIO (8/96)(51.3)SUBPOENA TO APPEAR & PRODUCE

Clerk of Court, Notary Public or otherperson authorized to administer oaths.My commission expires _

Civil Rule 45Dist. Ct. Civ. R. II (I)

Appendix, p 175

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Documents to be Produced

1. All trials, studies, or reports initiated, supported or sponsored by Janssenrelating to Risperdal, including any conducted outside the United States. This includesthose trials, studies, and reports for any New Drug Application (NDA) or InvestigationalNew Drug (IND) application, including any supplemental applications.

2. For those studies published or presented at any major medical meeting(s), acopy of all publications and abstracts and all other materials given to participants.

3. All documents relating to Risperdal provided to FDA advisory committees;

4. The following documents relating to Risperdal from FDA approval to thepresent time:

a. All presentation, training sessions, or materials given to employees oragents who marketed or otherwise promoted Risperdal, including speakersand consultants;

b. All pamphlets, literature, and other information to be shown or given tophysicians by sales representatives, and also provide all relatedcommunications;

c. Any other communications provided to healthcare providers regarding thesafety and efficacy of Risperdal, and all related communications;

d. All internal or external presentation or reports based on the marketing planfor Risperdal, and all communications related to the presentations orreports;

e. All internal or external presentations or reports related to physiciansprescribing patterns including data on specialty or prescriber andindications for use, and all communications related to these presentationsor reports;

f. All internal or external presentations or reports relating to continuingmedical education, and all communications related to these presentationsor reports;

g. All internal or external presentations or reports relating off-label use, andall communications related to these presentations or reports;

h. All documents relating to funding support provided for nonprofitprofessional medical organizations or consumer/patient organizations; and

1. All marketing department correspondence with nonprofit professionalmedical organizations or consumer/patient organizations.

Attachment to Risperdal SubpoenaAppendix, p 176

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I.documents.Procedure.

Manner of Production

This subpoena applies to electronic records as well as physicalFonnat issues shall be handled as provided in the Federal Rules of Civil

II. This subpoena applies to all documents in your possession, custody, orcontrol, or any combination thereof.

III. Documents responsive to this subpoena should not be destroyed,modified, removed, transferred, or otherwise made inaccessible.

IV. Each document produced should be produced in a fonn that renders thedocument capable ofbeing copied.

V. Documents produced should identifY the paragraph or clause thatresponds to the subpoena.

VI. Documents produced should be produced together with copies of filelabels, dividers, or identif'ying markers with which they were associated when thissubpoena was issued. To the extent that documents were not stored with file labels,dividers, or identif'ying markers, they should be organized into separate folders by subjectmatter prior to production.

VII. Each folder and box should be numbered, and a description of thecontents of each folder and box, including the paragraph or clause of the subpoena towhich the documents are responsive, should be provided in an accompanying index.

VIII. If any of the subpoenaed infonnation is available in machine-readable orelectronic fonn (such as on a computer server, hard drive, CD, DVD, memory stick, orcomputer backup tape), you should consult with James B. Gottstein to detennine theappropriate fonnat in which to produce the infonnation. Documents produced inelectronic fonnat should be organized, identified, and indexed electronically in a mannercomparable to the organizational structure call for in VI & VII above. Documentsproduced in an electronic fonnat should also be produced in a searchable fonnat.

IX. If any document responsive to this subpoena was, but no longer is, inyour possession, custody, or control, you should identifY the document (stating its date,author, subject and recipient(s» and explain the circumstances by which the documentceased to be in your possession, custody, or control.

X. If a date or other descriptive detail set forth in this subpoena referring to adocument is inaccurate, but the actual date or other descriptive detail is known to you oris otherwise apparent from the context of the description in this subpoena, you mustproduce all documents which would be responsive as if the date or other descriptivedetail were correct.

Attachment to Risperdal Subpoena 2Appendix, p 177

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XI. This subpoena is continuing in nature, until further notice, or theunderlying matter has been terminated, whichever is earlier, and applies to any newlydiscovered document. Any document not produced because it has not been located ordiscovered by the return date should be produced immediately upon location or discoverysubsequent thereto.

XII. All documents should be bates-stamped sequentially and producedsequentially.

Representative(s) Who Can Respond to the Following:

With respect to Item No. I, above, to the extent such information is not contained withinthe documents brought to the trial, an authorized representative(s) of Janssen who cananswer the following questions with respect to the materials required to be producedabove. Written response(s) under oath, in lieu of attendance by a Janssen representativewill suffice.

A. The name of the author(s) and physician(s) that participated;B. The number of participants;C. The date it was initiated, completed, or terminated, if terminated, explaining the

reason(s) behind the termination;D. Summarization of the methodology, findings, and conclusions;E. The extent to which the marketing department provided funding or other support;F. The extent to which compensation or benefit(s), monetary or otherwise (including

support or assistance in creating manuscripts), was provided to any author,physician, or participant;

G. If not published or presented, an explanation for why the study was not publishedor presented.

Definitions

I. The term "document" means any written, recorded, or graphic matter of anynature whatsoever, regardless of how recorded, and whether original or copy, including,but not limited to, the following: memoranda, reports, expense reports, books, manuals,instructions, financial reports, working papers, records notes, letters, notices,confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers,prospectuses, interoffice and intra-office communications, electronic mail (email),contacts, cables, notations of any type of conversation, telephone call, meetings or othercommunications, bulletins, printed matter, computer printouts, teletypes, invoices,transcripts, diaries, analyses, returns, summaries, minutes, bills, accounts, estimates,projections, comparisons, massages, correspondence, press releases, circulars, financialstatements, reviews, opinions, offers, studies and investigations, questionnaires andsurveys, and work sheets (and all drafts, preliminary versions, alternations, modifications,revisions, changes, and amendments of any of the foregoing, as well as nay attachmentsor appendices thereto). The term also means any graphic or oral records orrepresentations or any kind (including without limitation, photographs, charts, graphs,

Attachment to Risperdal Subpoena 3Appendix, p 178

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voice mails, microfiche, microfilm, videotape, recordings and motion pictures), electronicand mechanical records or representation of any kind (including, without limitation,tapes, cassettes, disks, computer server files, computer hard drive files, CDs, DVDs,memory sticks, and recording), and other written, printed, typed, or other graphic orrecorded matter of any kind or nature, however produced or reproduced, and whetherpreserved in writing, film, tape, disk videotape or otherwise. A document bearing anynotation not a part of the original text is to be considered a separate document. A draft ornon-identical copy is separate document within the meaning of this term.

2. The term "documents in your possession, custody, or control" means (a)documents that are in your possession, custody, or control, whether held by you or yourpast or present agents, employees, or representatives acting on your behalf; (b)documents that you have legal right to obtain, that you have a right to copy, or to whichyou have access; and (c) documents that you have placed in the temporary possession,custody, or control of any third party.

3. The term "communication" means each manner or means of disclosure orexchange or information, regardless ofmeans utilized, whether oral, electronic, bydocument or otherwise, and whether face-to-face, in a meeting, by telephone, mail,telexes, discussions, releases, person delivery, or otherwise.

4. The terms "and" and "or" shall be construed broadly and either conjunctively ordisjunctively to bring within the scope of the request any information which mightotherwise be construed to by outside its scope. The singular includes plural number, andvice versa. The masculine includes the feminine and neuter genders.

5. The terms "person" or persons" means natural persons, firms, partnerships,associations, corporations, subsidiaries, divisions, departments, joint ventures,proprietorships, syndicates, or other legal, business or government entities, and allsubsidiaries, affiliates, divisions, departments, branches, and other units thereof.

6. The terms "referring" or "relating," with respect to any given subject, meansanything that constitutes, contains embodies, reflects, states, refers to, deals with, or is inany manner whatsoever pertinent to that subject.

Attachment to Risperdal Subpoena 4Appendix, p 179