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A subpoena duces tecum or a subpoena for documents is a court order that requires a third party to produce documents. It is different from a subpoena for testimony, or subpoena ad testificandum, because it does not require the party to give testimony.
Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.
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.
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.
Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.
A nonparty may be required to produce documents at his or her deposition. The client is not involved in the production of documents. Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.
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.
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.