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The document is a subpoena issued in a civil case, commanding an individual or organization to appear for testimony, produce documents, or allow inspection of premises. It outlines the requirements for compliance, including the rights of the subpoenaed party to object and the court's authority to quash or modify the subpoena under certain conditions. Additionally, it includes provisions for protecting individuals from undue burden and details regarding proof of service.

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What are the rules for service of subpoena in Indiana?

Service of a subpoena upon a person shall be made in the same manner as provided in the Indiana Rules of Trial Procedure. (e) When a subpoena is served by the sheriff or his deputy, his return shall be proof of service. When served by any other person, the service must be shown by affidavit.

What makes a subpoena invalid in Indiana?

If a subpoena does not allow a reasonable amount of time to comply, it may be invalidated. The court generally expects subpoenas to provide a fair window for responding, gathering documents, or preparing for testimony.

What is the difference between subpoena duces tecum and subpoena?

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

What are valid reasons to quash a subpoena?

There are four grounds for moving to quash for which the court must grant the motion: (1) when the subpoena provides an unreasonable time for compliance, (2) when the subpoena requires a person to travel beyond the 100-mile limit set out in Rule 45(c), (3) when the subpoena seeks privileged or other protected material,

How to serve out of state subpoena in Indiana?

Subpoena; request; issuance; contents (a) To request issuance of a subpoena under this chapter that is based on a foreign subpoena, a party must submit the foreign subpoena to the clerk of the court in the county in which discovery is sought to be conducted in Indiana.

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How much does a subpoena witness cost in Indiana?

Indiana: Criminal cases $5 per day or $15 per day if subpoenaed under IC 35-37-5-4 and mileage at the same rate as state employees; Other actions $5 per day plus mileage at the same rate as state employees; School employees subpoenaed to testify $100 per day plus mileage as paid to state employees.

What are valid reasons to get out of a subpoena?

Valid reasons to get out of a subpoena may include: Did not receive or was not personally served with a subpoena; Medical emergency. Family emergency. Self-incrimination (5th amendment) Privilege.

Why would a subpoena be invalid?

In California, subpoenas can be invalidated for reasons such as improper signatures, issuing the wrong type, incorrect service, insufficient notice, failure to pay witness fees, mishandling experts or government workers, and incorrect treatment of out-of-state witnesses.

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