Indiana CivilSubpoena

State:
Indiana
Control #:
IN-MCC-213
Format:
PDF
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Description

CivilSubpoena

Indiana Civil Subpoena is a legal document used in the state of Indiana to compel a witness, party, or custodian of records to appear and testify in a civil proceeding. The two main types of Indiana Civil Subpoenas are Subpoena Ducks Cecum and Subpoena Ad Testificandum. Subpoena Ducks Cecum requires the person served to produce documents or tangible things related to the case such as photographs, videos, reports, and other evidence. Subpoena Ad Testificandum requires the person served to appear in court and testify about the case. Both types of subpoenas must include specific information such as the name of the court, the case caption, the date and time of appearance, and a list of any documents or tangible things to be produced.

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FAQ

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) 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.

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.

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.

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.

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Indiana CivilSubpoena