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N No. SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: (Name of person to whom this subpoena is directed) Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization, you must promptly confer in good faith with the party serving this subpoena about the following matters, or those set forth in an attachment, and you must designate one or more officers, directors, or manag.
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Feeson FAQ
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.
People who have been subpoenaed in Colorado state court can file a motion with the court to quash or modify the subpoena request.
Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial. You may subpoena the other party or a non-party witness to the hearing if: He or she is a California resident.
(Rule 30(b)(2).) In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days. The Northern District local rules require conferring with opposing counsel before sending out a notice of a party.
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence.
Federal Rule of Civil Procedure (“FRCP”) 30(b)(6) governs the depositions of organizations, including corporations, partnerships, associations, and governmental agencies. The party seeking to depose the organization must “describe with reasonable particularity the matters for examination” in its deposition notice.
Depositions Upon Written Questions. (a) Serving Questions; Notice. (1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2).
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