Indiana AO 88 — Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action is a court document issued by a court in Indiana ordering a witness to appear and testify at a hearing or trial in a civil action. It is a type of subpoena, which is a legal document that orders a person to appear in court. In this case, the subpoena is requesting a witness to appear and testify in a civil action. There are two types of Indiana AO 88 — Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action: 1. The first type is a “SubpoenDuckseCecumum”, which orders a witness to appear and bring documents or other tangible items to a hearing or trial. 2. The second type is a “Subpoena Ad Testificandum”, which orders a witness to appear and testify at a hearing or trial.
Indiana AO 88 - Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
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Rule 45 of the Indiana trial procedure outlines the requirements for issuing and responding to subpoenas as detailed in the Indiana AO 88 - Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action. This rule specifies how subpoenas should be served, the scope of discovery, and the duties of both parties during legal proceedings. Understanding this rule helps ensure compliance and protects your rights during a civil action.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).
Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.
Service: How made. Whenever a party is represented by an attorney of record, service shall be made upon such attorney unless service upon the party himself is ordered by the court. Service upon the attorney or party shall be made by delivering or mailing a copy of the papers to him at his last known address.
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal.
Civil Subpoena for Personal Appearance at Trial or Hearing (SUBP-001) Orders a person who is not a party to a case to appear and testify at a trial or court hearing.
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.