Arizona Civil Trial Subpoena Duces Tecum

State:
Multi-State
Control #:
US-PI-0046
Format:
Word; 
Rich Text
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Description

This form is a sample subpoena duces tecum for use in a personal injury case.
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FAQ

Ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

Parties must make all motions no later than 20 days before trial, except that lack of jurisdiction may be raised at any time. Responsive pleadings are allowed as provided in Rule 1.9. The court may modify motion deadlines. (c)Effect of a Failure to File or Make a Timely Motion.

Rule 16.1 - Settlement Conferences (a)Generally. At a party's request or on its own, a court may require the parties to participate in one or more pretrial settlement conferences unless the action is a lower court appeal or is subject to compulsory arbitration under Rule 72.

Rule 16.3 of the Arizona Rules of Civil Procedure recently clarified this: ?The settlement of a claim brought on behalf of a minor or adult in need of protection is not binding unless a judicial officer approves it as provided in Rule 53 of the Arizona Rules of Probate Procedure.? So, if a personal injury claim or ...

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).

Rule 16 - Amicus Curiae (a)Generally. Amicus curiae is not a party to the appeal, and must be independent of any party to the appeal. Counsel for a party may not author an amicus curiae brief in whole or in part.

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.

Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent. This hearing is granted when there is substantial evidence of mental incompetence.

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Arizona Civil Trial Subpoena Duces Tecum