Idaho Subpoena

State:
Idaho
Control #:
ID-SKU-365
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PDF
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Description

Subpoena

An Idaho Subpoena is a legal document issued by a court in the state of Idaho, which requires a witness to appear in court to testify or produce evidence in a pending legal action. There are two types of Idaho Subpoenas: a Subpoena Ducks Cecum and a Subpoena Ad Testificandum. A Subpoena Ducks Cecum requires a witness to produce documents or other items specified in the Subpoena, while a Subpoena Ad Testificandum requires the witness to appear in court and provide sworn testimony. Both types of Idaho Subpoena must be served in accordance with Idaho law, and failure to comply with the Subpoena can result in the witness being held in contempt of court.

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FAQ

A person commanded to produce or permit inspection and copying of documents, electronically stored information or tangible things or to permit inspection of premises need not appear in person at the place of production or inspection unless also commanded to appear at trial, at hearing or at deposition.

To request issuance of a subpoena, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this rule does not constitute an appearance in the courts of this state.

Idaho Statutes Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.

A written motion, other than one which may be heard ex parte, and notice of hearing must be served at least seven days before the time specified for the hearing unless a different period of time is set by rule or by order of the court. For cause shown such an order may be made on ex parte application.

Idaho Statutes. 19-3004. Compelling attendance of witness ? Subpoena and how issued. The process by which the attendance of a witness before a court or magistrate is required is a subpoena.

At the request of a party, the clerk must issue a subpoena, signed and under the seal of the court, but otherwise blank, and the party must complete it before service. An attorney licensed in Idaho as an officer of the court may also issue and sign a subpoena.

Ing to the UIDDA, domesticating a subpoena under the UIDDA requires litigants to ?present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state.

A subpoena must be issued by the clerk of the court or the judge, and must command each person to whom it is directed to attend and give testimony at the time and place specified in it.

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Idaho Subpoena