Idaho Notice to Take Deposition Subpoena Duces Tecum

State:
Multi-State
Control #:
US-PI-0041
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
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FAQ

Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum.

Service of a subpoena must be made by delivering a copy of it to the person named. (d) Place of Service. (1) In the State of Idaho. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place in the state of Idaho.

Rule 12 of the Idaho Criminal Rules requires that certain defenses must be raised by a motion filed before the trial. It also sets time limits within which such motions must be filed, although such time limits may be extended in the pre-trial order.

Idaho Rules of Civil Procedure Rule 15. Amended and Supplemental Pleadings. (a) Amendments Before Trial. (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

The party serving the subpoena must: (A) serve a copy of the subpoena on the opposing party at least 7 days prior to service on the nonparty, unless otherwise specified by the court; (B) pay the reasonable cost of producing or copying the documents, electronically stored information, or tangible things; and (C) on ...

(1) By Whom and How. 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 1 day's attendance and the mileage allowed by law if requested.

A paper is served under this rule by: (A) handing it to the person; (B) leaving it: (i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person's dwelling or usual place of ...

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Idaho Notice to Take Deposition Subpoena Duces Tecum