Get California Probate Code Section 4401

A subpoena is an order compelling a person to appear to testify or produce documents (called a subpoena duces tecum when requesting documents). Any party related to an APD case may request subpoena(s) from APD by e-mail to APDSubpoena.Request@tn.gov.

A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

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.

The subpoena shall be served in person by either the attorney or the agent whose name appears on the subpoena, and the person effectuating service shall file with the issuing clerk an affidavit of return stating that the subpoena was served, the identity of the person served and the date, place and manner of service.

(1) With the exception of an emergency hearing, preliminary hearing, or detention hearing, if a party to be served with a summons is within this state and can be found, the summons shall be served upon the party personally at least 3 days before the hearing.

With the exception of emergency hearings, preliminary hearings, detention hearings, or for good cause shown, all subpoenas for the attendance of witnesses shall be served at least 5 calendar days prior to the hearing.

On motion made promptly and in any event by the time specified in the subpoena for compliance therewith, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive.

Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.

With the exception of emergency hearings, preliminary hearings, detention hearings, or for good cause shown, all subpoenas for the attendance of witnesses shall be served at least 5 calendar days prior to the hearing.