Subpoena duces tecum 2025

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The document is a legal motion filed in a Mississippi Circuit Court, requesting the court to quash a deposition subpoena duces tecum served on the movant. The movant argues that they lack knowledge and records for certain requested information, finds other requests overly broad and burdensome, and proposes to answer specific written questions under Rule 31 of the Mississippi Rules of Civil Procedure. The motion also seeks reimbursement for research time and attorney's fees related to the hearing.

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Click ‘Get Form’ to open the subpoena duces tecum in the editor.
Begin by filling in the 'Plaintiffs' and 'Defendants' sections with the appropriate names. Ensure accuracy as this identifies the parties involved.
Enter the 'Civil Action No.' to reference the specific case related to this subpoena. This is crucial for court records.
In the body of the document, specify your name and title where indicated, along with any relevant dates for service of the subpoena.
Address each numbered request carefully. If you lack knowledge or records, clearly state this in response to those requests.
For any information you can provide, ensure it is detailed and accurate, including time estimates for gathering data if applicable.
Complete the 'Certificate of Service' section by entering your name and date, certifying that copies were sent to all relevant parties.

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What is the main reason attorneys use a subpoena duces tecum?

In a case of alleged negligence by a physician, written summaries of the case by physicians provided to the insurance carrier or other parties can be the subject of a subpoena duces tecum, if, in the opinion of the court, they are relevant to the plaintiffs case.

What is the difference between subpoena duces tecum and subpoena?

Witness Subpoena: The Subpoena Ad Testificandum is the most common type of subpoena. It compels a person to appear and testify as a witness in a legal proceeding. Unlike the Subpoena Duces Tecum, it does not request the production of documents or evidence.

What is an example of a subpoena duces tecum?

Subpoena Ad Testificandum: Requires you to appear and testify as a witness in a legal proceeding. Subpoena Duces Tecum: Commands you to bring certain documents, records, or evidence to a legal proceeding.

What is the difference between subpoena and subpoena duces tecum quizlet?

In Latin, duces tecum means you shall bring with you. Subpoena duces tecum is a type of subpoena that requires the witness to produce documents, books, records, or other evidence pertinent to a legal proceeding.

What is the difference between a subpoena and a subpoena duces tecum?

They can be imposed by either the prosecution or defense, where either needs to prove their case by presenting evidence stored in another location. Simply put, a subpoena duces tecum requires someone to produce certain documents or pieces of evidence at a hearing or trial in a criminal case.

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