This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
Delaware Subpoena in a Case Under the Bankruptcy Code - B 256
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US-B-256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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party witness that objects to a subpoena to produce or make documents available for inspection may serve written objections to the inspection or copying of any or all of the designated materials on the issuing party. The written objections must be served either: Within 14 days of receiving the subpoena.
To domesticate a subpoena in a case being litigated in any U.S. state other than Delaware (referred to as a ?foreign? state) the request for subpoena together with the required documents and filing fee must be filed in the Prothonotary Office in the county where the discovery is sought to be conducted in Delaware.
Then, you need to domesticate the subpoena. This involves requesting the subpoena to be issued from the out-of-state court, which, depending on the state, can be done through an application, filing a petition as a process server, providing additional documents to the court, or having an attorney file a petition.
Delaware has adopted the Uniform Interstate Depositions and Discovery Act. Under this act, a party to an out-of-state action who has a subpoena from a non-Delaware court may petition the Delaware Superior Court to issue a subpoena for the person named in the foreign subpoena.
A subpoena may be served by the sheriff, by the sheriff's deputy or by any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person.
INSTRUCTIONS. FOR FILING A REQUEST TO ISSUE A SUBPOENA. ... TITLE 10 § 4311. DELAWARE UNIFORM INTERSTATE DEPOSITIONS AND. ... FILING FEE: $75.00. ... FILING JURISDICTION: Request for Subpoena must be filed in the Prothonotary Office in the. ... DOCUMENTS TO BE FILED IN SUPERIOR COURT: ... ORIGINAL AND COPY OF THE FOLLOWING:
The Court will quash (dismiss) a subpoena if it fails to give reasonable time for compliance, requires you to disclose privileged information or subjects you to undue burden. If you believe that one of these applies to you, you must file a Motion to Quash a Subpoena.
(1) Every subpoena shall (A) State the name of the Court; (B) State the title of the action and its civil action number; (C) Command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated documents, electronically stored information, or tangible ...