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In order that a deposition may be admitted into evidence, the party offering the deposition must make a sufficient showing of the unavailability of the deponent at the time of trial.
Civil Subpoena for Personal Appearance at Trial or Hearing (SUBP-001) Orders a person who is not a party to a case to appear and testify at a trial or court hearing.
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal.
This rule requires that either the party's physical or mental condition be "in controversy" and that the movant show "good cause" before the court may order that a party submit to a physical or mental examination. Tyler v. District Court, 193 Colo. 31, 561 P.
Rule requires that, unless subpoenaed witness and other parties consent to an alternate arrangement or by other court order, subpoenaed documents be produced only at the deposition, hearing, or trial specified in the subpoena.
Any party may serve upon any other party written interrogatories, not exceeding the number, including all discrete subparts, set forth in the Case Management Order, 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 ...
Before a notice is served, or promptly after a subpoena is served, the serving party and the organization shall confer in good faith about the matters for examination. A subpoena shall advise a nonparty organization of its duty to confer with the serving party and to designate each person who will testify.
The special masters may order a hearing for the taking of additional evidence at any time while the matter is pending before it. The order shall set the time and place of the hearing and shall indicate matters on which the evidence is to be taken.