In a case under the Bankruptcy Code — B 256, an Arkansas subpoena plays a crucial role in the legal proceedings. A subpoena is a legal document issued by a court that compels an individual or organization to provide evidence or testify in a bankruptcy case. It is a powerful tool, allowing parties in a bankruptcy case to gather information, documents, and testimonies necessary for their claims or defenses. The key purpose of an Arkansas subpoena in a bankruptcy case is to obtain evidence that can be used to support or challenge various aspects of the bankruptcy petition or plan. It is used to gather information about the debtor's financial situation, assets, debts, transactions, and any potential fraudulent activities. The information obtained through a subpoena can be essential in determining the debtor's eligibility for bankruptcy relief and ensuring the equitable distribution of assets to creditors. There are different types of subpoenas in an Arkansas bankruptcy case, each serving a specific purpose. Some common types include: 1. Subpoena Ducks Cecum: This type of subpoena commands the recipient to produce specific documents or records relevant to the bankruptcy case. It can be used to obtain financial statements, bank records, contracts, business records, tax returns, or any other documentation that may assist in the determination of the debtor's financial situation. 2. Subpoena Ad Testificandum: This subpoena requires the recipient to appear in court and provide oral testimony. It is commonly used to compel witnesses, such as debtors, creditors, or other relevant parties, to provide testimony regarding their financial dealings, assets, debts, or any other information necessary for the court's decision-making process. 3. Subpoena To Appear and Produce: This type of subpoena combines the elements of both subpoenas duces tecum and ad testificandum. It mandates the recipient to appear in court and produce specific documents or records relevant to the bankruptcy case, while also providing oral testimony if required. In an Arkansas bankruptcy case, these subpoenas are typically served on the individuals or entities who possess or have access to the desired information, such as the debtor, creditors, financial institutions, business partners, or any other relevant party. Failure to comply with a subpoena may result in legal consequences, such as contempt of court. To summarize, an Arkansas subpoena in a case under the Bankruptcy Code — B 256 is a vital legal tool for gathering evidence and obtaining information relevant to the bankruptcy proceedings. Whether it is a subpoena duces tecum, ad testificandum, or a combination of both, these subpoenas help ensure a thorough and fair examination of the debtor's financial situation, facilitating the resolution of the bankruptcy case in compliance with the Bankruptcy Code.
Arkansas Subpoena in a Case Under the Bankruptcy Code - B 256
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Service shall be made by delivering a copy of the subpoena to the person named therein; provided, however, that a subpoena for a trial or hearing may be served by telephone by a sheriff or his deputy when the trial or hearing is to be held in the county of the witness' residence.
The person subpoenaed may ask the court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the subpoena is issued pay the reasonable cost of such production. Rule 45(b), Ark.
Rule 45.1 of the Arkansas Rules of Civil Procedure allows attorneys in ongoing out-of-state lawsuits to issue subpoenas for depositions or documents in Arkansas. The out-of-state subpoena can be sent to the Arkansas clerk with an Arkansas subpoena form with identical wording.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
A subpoena from outside Arkansas may be sent to the Arkansas clerk together with an Arkansas subpoena form with the same wording. After that, the clerk will issue an Arkansas subpoena without even starting a formal investigation. As a result, the subpoena may be issued without the need for an Arkansas attorney.
Rule 45.1 - Subpoena for Interstate Depositions and Discovery (a)Purpose. This rule governs depositions and discovery conducted in Arkansas in connection with a civil action pending in another state. (b)Definitions. (1) "Foreign jurisdiction" means a state other than Arkansas.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v.