An Indiana Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding) is a legal document issued by the court that compels a person to appear and give testimony under oath at a deposition or other legal proceeding. The subpoena will specify the date, time, and place of the deposition, as well as the identity of the parties involved in the case. In Indiana, there are two types of depositions that can be used: a single-party deposition or a multi-party deposition. A single-party deposition is when only the party that is issuing the subpoena is present at the deposition. This type of deposition is often used to get a witness to testify about facts or documents that would otherwise be unavailable to the other party. A multi-party deposition is when both the party that is issuing the subpoena and the other party are present at the deposition. This type of deposition is often used to obtain evidence from a witness that is under dispute or to get a witness to confirm or deny certain facts in the case. The subpoena will also specify the information that the person being subpoenaed must bring to the deposition, such as documents or other records. The subpoena must also be served on the witness at least seven days prior to the deposition date. Failure to comply with a subpoena can result in a fine or even jail time.
Indiana Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding)
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FAQ
Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.
Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.
Current through the 2023 Legislative Session. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.
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.
A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.
"A valid subpoena must be issued and signed by a clerk of the court, notary public, or the justice of the peace, and must state the name of the court, state the title of the action, and be accompanied by a witness fee," she says.
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).
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.