Mississippi Motion to Compel Compliance with Subpoena

State:
Mississippi
Control #:
MS-60364
Format:
Word; 
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Compel Compliance with Supoena, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-60364
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FAQ

Fill in: the case name and number; the name and address of the person being subpoenaed; and the date, time, and location of the court hearing where they're supposed to testify. Unlike a summons, which must be served by a Sheriff , or an authorized process server , a subpoena can be served by almost anyone.

Generally speaking, a resident of one state is not required to appear for deposition in another state or to provide records in compliance with a records subpoena issued in another state. A litigant must request the assistance of a nonparty's state court to issue a subpoena from that jurisdiction.

Upon motion by the Senate, the federal district court issues another order for a person to comply with Senate process. If the subject then refuses to comply with the Court's order, the person may be cited for contempt of court and may incur sanctions imposed by the Court. The process has been used at least six times.

You cannot "refuse to accept" a subpoena. The process server or officer who serves it on you generally will have complied with the law for service if he/she attempts to hand it to you, even if you refuse, let it drop, or slam the door in his/her...

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

If a person is compelled to appear and testify in court or other legal proceeding, they are under a legal obligation to do so. If a subpoena requires that a person produce certain documents or other items, they are legally required to do that as well. Failure to comply with a subpoena is a criminal matter.

Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed.

If the third-party subpoena for documents you received is valid, and there are no grounds for challenging, you must comply with it and respond with the production of documents requested. If you do not comply, you may be held in contempt of court or fined or imprisoned.

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Mississippi Motion to Compel Compliance with Subpoena