This form is a sample subpoena duces tecum for use in a personal injury case.
Arkansas Civil Trial Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0046
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Civil Trial Subpoena Duces Tecum?
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FAQ
If a witness is issued a subpoena but does not show up to testify, police may issue an arrest. If a witness shows up in court and refuses to testify, they have broken a court order and could be fined or put in jail. Subpoenas are court orders for witnesses issued by a Judge, prosecutor, or defense counsel.
Complying with the subpoena duces tecum means you must produce every document requested that is under your control. If any of the documents aren't in your possession, then you or your attorney must submit (and have granted) a motion to modify the scope of the subpoena before the set date.
The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.
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).
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.
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.