Sample Subpoena & Affidavit 2025

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The document consists of a sample subpoena and affidavit related to a medical malpractice claim involving John Doe as the petitioner and Richard Roe, M.D. as the respondent. The subpoena commands Dr. Roe to produce medical records for John Doe by a specified date for review by the Division of Occupational and Professional Licensing in Utah. The affidavit supports the request for the subpoena, affirming compliance with HIPAA regulations regarding the release of protected health information.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is the rule 45 for subpoenas?

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that persons attendance, tendering the fees for 1 days attendance and the mileage allowed by law.

How many miles is a Rule 45 subpoena?

Federal Rule of Civil Procedure (FRCP) 45(c) restricts federal courts powers to compel testimony from a third-party witness in civil litigation to locations: (1) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (2) within the state of residence, employment,

Can people refuse a subpoena?

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).

How long does it take to respond to a rule 45 subpoena?

Civ. Proc. 45(3)(a). Rule 45 does not define unreasonable time for compliance; however, courts tend to hold seven days or less as unreasonable, and 14 days or more as presumptively reasonable.

How to write a subpoena for documents?

Heres how: Complete the subpoena form. Prepare a declaration under penalty of perjury. Briefly describe the documents you need and why they are necessary to prove issues involved in the case. Have a subpoena issued by the small claims clerk.

What must a subpoena contain?

A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved. The assigned case docket number.

What is the burden of proof for a subpoena?

The burden of proof rests on the subpoenaing party to make a clear and convincing showing that the privilege does not apply.

What is the rule of 45?

Heres what it is: After researching a number of our clients with revenues greater than $5MM, we discovered that your topline year-over-year growth rate as a percentage, plus your earnings before interest, taxes, depreciation, and amortization (EBITDA) as a percentage of revenue, should not exceed 45 percent if you

Sample Subpoena & Affidavit 2025

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