Louisiana Subpoena

State:
Louisiana
Control #:
LA-SKU-0310
Format:
PDF
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Description

Subpoena

A Louisiana Subpoena is a legal document issued by a court or a party to a case which requires a witness to appear in court, testify, or produce certain documents or other tangible evidence. There are two types of Louisiana Subpoenas: Subpoena Ducks Cecum and Subpoena Ad Testificandum. Subpoena Ducks Cecum requires the recipient to produce documents, records, or other tangible evidence specified in the subpoena. Subpoena Ad Testificandum requires the recipient to appear in court and/or testify. Both types of Subpoenas require service on the recipient. Service is usually done by a sheriff or process server who delivers the Subpoena to the recipient.

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FAQ

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

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.

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.

A subpoena in Louisiana will be served, and a return will be made in the same manner and with the same effect as a service of and return on a citation. When a party is summoned as a witness, service of the subpoena may be made by personal service on the witness' attorney of record.

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.

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.

The contumacious failure or refusal of the person subpoenaed to appear is punishable as a contempt of court.

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Louisiana Subpoena