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Click ‘Get Form’ to open it in the editor.
Begin by entering the Small Claims Case Number at the top of the form. This is essential for identifying your case.
In the 'TO:' section, specify the name of the individual or entity being subpoenaed. Ensure accuracy to avoid any legal complications.
Fill in the name of the Honorable Judge and the date and time for appearance in court. This information is crucial for scheduling.
Clearly outline what documents or items are required to be brought by the subpoenaed party in the designated space.
Finally, review all entries for correctness before saving or printing your completed form. Utilize our platform’s features to ensure everything is accurate.
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What is the main reason attorneys use a subpoena duces tecum?
Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least 5 days before the date set for production of the subpoenaed records. CCP 1985.3 (g) (amended eff 1/1/13); CCP 1985.6 (f) (amended eff 1/1/13).
What is the purpose of a subpoena duces tecum?
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
What is the most common type of subpoena?
Subpoena. An order to appear at a particular place and time. A subpoena duces tecum requires a person to produce certain documents or things. Adjudicate. To hold a formal hearing about an issue and then decide it.
What is the difference between a subpoena and subpoena duces tecum?
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
What happens if someone ignores a subpoena duces tecum?
The subpoena duces tecum is most commonly used in criminal cases. It can be imposed by either the prosecution or defense, where either needs to prove its case by presenting evidence stored in another location. A subpoena duces tecum is a court order requiring someone to bring documents or evidence to a hearing.
Related Searches
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People also ask
What is a subpoena duces tecum most similar to?
Witness Subpoena: The Subpoena Ad Testificandum is the most common type of subpoena.
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