In an adversary proceeding, specifically governed by Rule B 255, the Indiana Subpoena plays a crucial role as a legal document that commands the production of necessary evidence or testimony. This type of subpoena holds significant weight in legal proceedings and ensures that all parties have access to relevant information for a fair and just resolution. The Indiana Subpoena can be categorized into two types: Subpoena Ducks Cecum and Subpoena Ad Testificandum. 1. Subpoena Ducks Cecum: This type of Indiana Subpoena is designed to compel the production of documents, records, or other tangible evidence that may be vital for an adversary proceeding. The Subpoena Ducks Cecum requires the party in possession of the sought-after evidence to deliver it to the court promptly. This could include financial records, contracts, emails, photographs, or any other relevant materials that ensure a comprehensive understanding of the case. 2. Subpoena Ad Testificandum: Unlike the Subpoena Ducks Cecum, the Subpoena Ad Testificandum focuses on compelling an individual's testimony at a trial, deposition, or hearing. This type of subpoena calls for a person to appear before the court and provide oral or written testimony. It is often used to summon witnesses who possess valuable knowledge or have firsthand experience related to the matter under consideration. In order to obtain an Indiana Subpoena in an Adversary Proceeding — B 255, parties must follow specific guidelines set out by the Indiana Rules of Trial Procedure. This typically includes drafting a formal request stating the purpose of the subpoena, the identities of the parties involved, and the documents or testimony sought. The issuance of the subpoena is typically authorized by a judge or magistrate. It is important for all parties involved in an adversary proceeding to understand the significance of the Indiana Subpoena and its different types. By utilizing Subpoena Ducks Cecum, necessary documents can be obtained to support a legal argument, while Subpoena Ad Testificandum allows for the exploration of testimonial evidence vital to the case. It is crucial to adhere to the legal process and seek professional guidance when dealing with sub points in an adversary proceeding to ensure compliance with the established rules and regulations.
Indiana Subpoena in an Adversary Proceeding - B 255
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No fees or costs for the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or his deputy.
Provide copies of the requested documents. If the subpoena lacks this detail, then you should provide photocopies of any documents instead of the original. If the subpoena is for an electronically stored information, then you must present it in its ordinarily maintained form or a form that is still usable to the court.
A pro se party wishing to request a signed subpoena from the Clerk's office must do so in person, at the counter. The Deputy Clerk must print hard copies of the desired subpoena form and hand to the requesting party with a wet signature.
You may be charged with contempt of court, which can mean fines or even jail time. The court could issue a warrant for your arrest.
(1) Every subpoena shall: (a) state the name of the court; (b) state the title of the action (without naming more than the first named plaintiffs and defendants in the complaint and the case number); and (c) command each person to whom it is directed to attend and give testimony at a time and place therein specified. Rule 45 - Subpoena, Ind. R. Civ. P. 45 - Casetext Casetext ? indiana-rules-of-civil-procedure Casetext ? indiana-rules-of-civil-procedure