A Louisiana Subpoena to Testify at a Deposition in a Civil Action is a court order issued by a court in Louisiana to compel a witness to appear and give testimony in a civil action. This type of subpoena is issued by the court and served upon the witness by a sheriff, process server, or other person authorized by law. The witness is required to appear before the court and answer questions posed by the lawyers involved in the case. There are two types of Louisiana Subpoena to Testify at a Deposition in a Civil Action: a subpoena duces tecum and a subpoena ad testificandum. A subpoena duces tecum requires the witness to bring documents or other tangible evidence to the deposition. A subpoena ad testificandum requires the witness to testify only, without bringing any documents or other tangible evidence. Both types of subpoenas must be personally served on the witness and must include the date, time, and location of the deposition.
Louisiana Subpoena to Testify at a Deposition in a Civil Action
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Unless otherwise directed by the state or defendant, subpoenas shall be served by domiciliary service, personal service, or United States mail as provided in Paragraph B. Personal service is made when the sheriff tenders the subpoena to the witness.
Serve the Notice. If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.
A subpoena may order a person to appear and produce at the trial, deposition, or hearing, books, papers, documents, any other tangible things, or electronically stored information, in his possession or under his control, if a reasonably accurate description thereof is given.
The contumacious failure or refusal of the person subpoenaed to appear is punishable as a contempt of court.
Rule 9.15 - Subpoenas (a) In cases other than juvenile and family law proceedings, a request for issuance of a subpoena shall be filed with the clerk of court at least ten days before the desired appearance date, unless a different deadline is set by the court in the pre-trial or other order.
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 subpoena may order a person to appear and produce at the trial, deposition, or hearing, books, papers, documents, any other tangible things, or electronically stored information, in his possession or under his control, if a reasonably accurate description thereof is given.
Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.