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Depositions must be civil, and attorneys must be respectful to witnesses, to the court reporter, and to other attorneys. Counsel must conduct themselves as if the Court were present, and as if the jury were watching.
Hear this out loud PauseUnder Federal Rule of Civil Procedure 45, any party who is at least 18 years old and not a party to the lawsuit can serve a subpoena anywhere in the United States. While it's possible that a government agency would improperly serve a subpoena, in practice, this is rare.
Personal 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.
Hear this out loud PauseFailure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena commanding attendance at a deposition, hearing, or trial, or may be set out in a separate subpoena.
Civil Subpoena for Deposition or a Subpoena for Documents (Duces Tecum) is the process by which the Court, at the request of a party, commands a witness to produce testimony (i.e., deposition) or a document(s) that is pertinent to the issues of a pending action.
Hear this out loud PauseUnless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
Hear this out loud PauseTime to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.