This form is a sample notice of defendant's intent to serve a subpoena upon a third-party.
Arkansas Notice of Intent to Serve Subpoena on Nonparty - Personal Injury
State:
Multi-State
Control #:
US-PI-0314
Format:
Word;
Rich Text
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How to fill out Notice Of Intent To Serve Subpoena On Nonparty - Personal Injury?
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FAQ
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.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
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.
Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.
For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness. (Evid.
In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.
Federal Rule of Civil Procedure 45 does not provide a minimum time that a person has to respond to a subpoena. Largely, the timeframe is up to the issuing party. However, 30 days is generally seen as a reasonable amount of time.
In federal court, third-party subpoenas are governed by Rule 45 of the Federal Rules of Civil Procedure. If a subpoena commands your client to appear for a discovery deposition, your defenses are limited to moving to quash under Rule 45(d)(3) or moving for a protective order under Rule 26(c).