Subpoena Duces Tecum Example With Civil Procedure

State:
Multi-State
Control #:
US-PI-0315
Format:
Word; 
Rich Text
312 downloads

Description

The Subpoena duces tecum is a legal document used in the context of civil procedure to compel a non-party to provide specific documents or records for a case. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to obtain evidence from third parties to support their claims or defenses. Key features of the form include detailed instructions for the non-party regarding compliance, the requirement for document production at a specified location, and the option for the non-party to object to the subpoena in writing. Users should fill in pertinent information such as the names of the parties involved, the documents being requested, and the timeline for compliance. Each party involved in the action retains the right to be present during document production. This form also includes sections for certification of service and acknowledgment by the custodian of records, ensuring proper documentation of the compliance process. Overall, the Subpoena duces tecum is an essential tool for legal professionals in gathering critical evidence while adhering to procedural requirements.
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FAQ

176.5 Service. (a) Manner of service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older.

A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof by affidavit of the party requesting the subpoena or the party's attorney of record that all fees due the witness by law were paid or tendered. Amended by order of Nov.

(a) Upon its own motion, or upon the written request of any party to a hearing, the board member presiding over the scheduled hearing may issue a subpoena for attendance of a witness or issue a subpoena duces tecum in order to examine any part of the books, files, and records of the parties or other witnesses as relate ...

SUBPOENA DUCES TECUM. If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.

A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law.

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Subpoena Duces Tecum Example With Civil Procedure