An Indiana Civil Subpoena — Hearing is a court proceeding in which a party to a civil lawsuit is required to appear and testify or produce evidence in court. The Indiana Civil Subpoena — Hearing is issued by a judge and served on the party who is ordered to appear. There are two types of Indiana Civil Subpoena — Hearings: (1) a subpoena duces tecum, which orders the party to produce documents or other tangible evidence; and (2) a subpoena ad testificandum, which orders the party to appear and testify. At the hearing, the court will decide whether the party has complied with the subpoena and determine if any objection to the subpoena is valid. The party may be held in contempt of court if they fail to obey the subpoena.
Indiana Civil Subpoena - Hearing
State:
Indiana
Control #:
IN-AO-88
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PDF
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Civil Subpoena - Hearing
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FAQ
(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.
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. Delivery. Delivery of a copy within this rule means: offering or tendering it to the attorney or party and stating the nature of the papers being served.
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).
An attorney may sign and issue a subpoena as an officer of a court if the attorney is authorized to practice in the court where the matter is pending. The Clerk's Office will provide signed subpoenas to requesting counsel but counsel should be encouraged to proceed without involvement of the clerk's office.
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.
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.
