This form is a sample subpoena duces tecum for use in a personal injury case.
Idaho Civil Trial Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0046
Format:
Word;
Rich Text
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How to fill out Civil Trial Subpoena Duces Tecum?
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CCP §1985.3. Code of Civil Procedure §1985.3 affords the consumer at least 10 days to object to the subpoena before subpoenaing party can serve the subpoena on the third party who maintains the records (e.g., an accountant, attorney, physician).
A subpoena is a court order telling an individual to appear in court in person and testify. Similarly, a subpoena duces tecum is an order for a witness to bring something to court ? such as documents, a child, or evidence. This is true in both state and federal courts.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
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 ...
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.
Section 1985 - Subpoenas or subpoenas duces tecum (a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness.
1985.1. Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued to appear at another time or upon such notice as may be agreed upon.
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.