District of Columbia Notice of Intent to Serve Subpoena on Nonparty - Personal Injury

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Multi-State
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US-PI-0314
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Word; 
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This form is a sample notice of defendant's intent to serve a subpoena upon a third-party.
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FAQ

If a deposition-related motion is transferred to the court where the action is pending, and that court orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of either the court where the discovery is taken or the court where the action is pending.

A party, represented by counsel, serving interrogatories must, upon request of any other party, promptly transmit to such other party an electronic version of the interrogatories in a format that will enable the receiving party to copy the language of the interrogatories electronically.

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for one day's attendance and the mileage allowed by law.

Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

Rule 37(e) applies only to ESI ?lost because a party failed to take reasonable steps to preserve it.? Thus, the rule applies only to parties. The rule does not by its terms apply to spoliation by a relevant nonparty ? or sanctions to be imposed on a party as a result of spoliation by a third party.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

Subpenas [Subpoenas] (a) The Superior Court may compel the attendance of witnesses by attachment. At the request of any party, subpenas [subpoenas] for attendance at a hearing or trial in the Superior Court shall be issued by the clerk of court.

For purposes of Rule 37(a), an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond. (5) Payment of Expenses; Protective Orders. (iii) other circumstances make an award of expenses unjust. (B) If the Motion Is Denied.

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District of Columbia Notice of Intent to Serve Subpoena on Nonparty - Personal Injury