This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
Illinois Notice to Take Deposition Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0041
Format:
Word;
Rich Text
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How to fill out Notice To Take Deposition Subpoena Duces Tecum?
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A sample deposition notice that may be used to notice the deposition in Illinois of an individual or a current officer, director, or employee of an entity. This deposition notice can be used to notice the deposition of a party or non-party who is served with a subpoena.
Ii. 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.
A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.
A subpoena requiring the production of documents is generally referred to as a subpoena duces tecum. It is usually issued at the request of a party in a court or administrative proceeding.
30(b)(6) provides: In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable par- ticularity the matters for examination.
In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) § 2025.270(a), § 1013).
(Rule 30(b)(2).) In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days. The Northern District local rules require conferring with opposing counsel before sending out a notice of a party.
The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.