A Louisiana Subpoena or Subpoena Ducks Cecum is a legal document issued by a court of law or other government authority that orders a person or business to appear in court or to produce documents or other tangible evidence. It is used in civil and criminal proceedings as a means of obtaining evidence necessary for a case. There are two types of Louisiana Subpoena or Subpoena Ducks Cecum: Subpoena Ad Testificandum and Subpoena Ducks Cecum. Subpoena Ad Testificandum is an order issued to compel a witness to appear in court to testify. It requires the witness to attend the proceedings, provide testimony, and sometimes produce documents as evidence. Subpoena Ducks Cecum is an order issued to compel a business or other entity to produce documents, records, or other tangible evidence for review or use in the proceedings. It requires the business or entity to provide the requested materials to the court.
Louisiana Subpoena or Subpoena Duces Tecum
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Art. 1438. Notice of examination; time and place; subpoena duces tecum. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you".
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.
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.
(1) A health care provider shall disclose records of a patient who is a party to litigation pursuant to a subpoena issued in that litigation, whether for purposes of deposition or for trial and whether issued in a civil, criminal, workers' compensation, or other proceeding, but only if: the health care provider has
Louisiana Laws - Louisiana State Legislature. A. Proof of service of a notice to take a deposition or of a notice of inspection under Article 1463 constitutes sufficient authorization for issuance by the clerk or judge of the district court wherein the action is pending of subpoenas and subpoenas duces tecum.