The District of Columbia Subpoena in an Adversary Proceeding — B 255 is a legal document that plays a crucial role in civil litigation within Washington, D.C. This subpoena is issued by an attorney or the court to compel the production of documents or the attendance of witnesses in an adversary proceeding. It serves as a means to gather evidence and information to support a party's claims or defenses. In an adversary proceeding, which occurs within the context of bankruptcy proceedings, the District of Columbia Subpoena — B 255 is a common tool used to obtain information from third parties. It enables attorneys to obtain relevant documents, records, or even require individuals to testify under oath, if necessary, to support or refute a claim being made in the case. The types of subpoenas that can be issued within an adversary proceeding include: 1. Documents-only Subpoena: This subpoena is issued when attorneys need access to specific documents or records that are in the possession of a third party. It requires the recipient to produce the requested materials within a specified time frame. 2. Deposition Subpoena: If a party wishes to depose an individual or a representative of a company, a deposition subpoena is issued. This subpoena compels the witness to appear at a specific time and place to provide sworn testimony. 3. Witness Subpoena: When an attorney requires the presence of a witness to testify during a trial or hearing, a witness subpoena is issued. This type of subpoena requires the individual to attend court proceedings and give testimony related to the facts of the case. 4. Subpoena Ducks Cecum: In cases where both testimony and documents are needed, attorneys may issue a subpoena duces tecum. This type of subpoena requires a witness to bring specific documents or records to court or to a deposition. The District of Columbia Subpoena in an Adversary Proceeding — B 255 follows the necessary legal procedures for requesting information from relevant third parties. It ensures that all parties involved have access to the necessary evidence and witnesses to present their case effectively and allows for a fair and just resolution of the adversary proceeding.
District of Columbia Subpoena in an Adversary Proceeding - B 255
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Hear this out loud PausePersonal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding person to permit inspection, copying, testing, or sampling of the materials. (2) Issuing Court. A subpoena must issue from the court where the action is pending.
Hear this out loud Pause(2) Subject to the provisions of clause (ii) of subparagraph (c)(3)(A) of this rule, a subpoena may be served at any place within the district of the court by which it is issued, or at any place without the district that is within 100 miles of the place of the deposition, hearing, trial, production, or inspection ...
No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides, or is served with the subpoena, unless the distance be less than 150 miles from his or her place of residence to the place of trial, or unless the judge of the court in which the offense is triable, or ...
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.
Hear this out loud PauseUnder Federal Rule of Civil Procedure 45, objections must be made within 14 days from when the subpoena was received or by the subpoena's production deadline.
A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and (B) inspection of premises at the premises to be inspected.
Hear this out loud PauseSubpoena. (1) Every subpoena shall state all of the following: a. The title of the action, the name of the court in which the action is pending, the number of the civil action, and the name of the party at whose instance the witness is summoned.