An Indiana Civil Subpoena to Testify for Out of State Litigants is a legal document issued by a court in the state of Indiana requiring an out-of-state witness to appear in court to give testimony in a civil case. The out-of-state witness must be physically present in Indiana in order to comply with the subpoena. There are two types of Indiana Civil Subpoenas to Testify for Out of State Litigants: the Limited Civil Subpoena and the General Civil Subpoena. The Limited Civil Subpoena is issued for the purpose of gathering information and evidence related to a civil case, and requires the witness to appear in court for a deposition or trial. The General Civil Subpoena, on the other hand, requires the out-of-state witness to appear in court for a deposition, trial, or other judicial proceedings, and may also require the production of documents or other tangible items. Both types of subpoenas must be served on the out-of-state witness in accordance with Indiana law and must include the date, time, and location of the court appearance. Failure to comply with an Indiana Civil Subpoena to Testify for Out of State Litigants may result in the issuance of a contempt order or other penalties.
Indiana Civil Subpoena to Testify for Out of State Litigants
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Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or
Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.
To serve the non-party with a subpoena, litigants can ask the court to direct the clerk to obtain an order from the foreign jurisdiction (typically called a commission or letters rogatory) and then file that order with a motion to assist an out-of-state litigant in the Indiana jurisdiction where the non-party resides.