Subpoena Duces Tecum Wisconsin Without Deposition

State:
Wisconsin
Control #:
WI-01930BG
Format:
Word; 
Rich Text
Instant download

Description

Notice of a 3rd-party subpoena issued for discovery purposes must be provided to all parties at least ten (10) days before the scheduled deposition in order to preserve their right to object. If a third party subpoena seeks documents or things in the scope of permissible discovery, those items should not be produced prior to the time specified in the subpoena unless the parties agree otherwise. WI Stat. 805.07(2)(b).


Subpoenas may be issued by the clerk of court and delivered to any party requesting the subpoena for service. Alternatively, subpoenas may be issued and signed by an attorney of record in the action. WI Stat. 805.07(1).


Subpoenas may also be used to command production of designated books, papers, documents or tangible things. WI Stat. 805.07(2)(a).

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FAQ

A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.

Subpoena Duces Tecum Without Deposition (a) When Witness Has Option To Furnish Records Instead of Attending Deposition; Issuance.

A nonparty deponent may be compelled by subpoena served within this state to give a deposition at any place within 100 miles from the place where the nonparty deponent resides, is employed, transacts business in person or is served, or at such other convenient place as is fixed by an order of court. 804.05(3)(b)5.

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.

Line-By-Line Form Instructions Write in your court date, time, and location (including room number). ... Write the name of the court official who is scheduled to hear the case. Write your name on the bottom line. ... Write in the type of proceeding (Ex: motion hearing, divorce trial, review hearing, etc).

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Subpoena Duces Tecum Wisconsin Without Deposition