Louisiana Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
732. A subpoena may order a person to produce at the trial or hearing, books, papers, documents, or any other tangible things in his possession or under his control, if a reasonably accurate description thereof is given; but the court shall vacate or modify the subpoena if it is unreasonable or oppressive.
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).
There are two types of service: personal service and domiciliary service. The law requires personal service in some kinds of cases and allows domiciliary service in other kinds of cases. Personal service means the "proper officer" directly delivers the paperwork to the person to be served.
Now listen up ? this is important. If you ignore the subpoena and don't show up, here's what could happen: 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.
The subpoena duces tecum can benefit either prosecutors or the defendant. For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
Concomitantly, Louisiana Code of Civil Procedure Art. 1313(c) now permits service of court dates and deadlines to be served on an unrepresented party or attorney of record via e-mail. Of note, service is not complete unless the sender is in receipt of an electronic confirmation of delivery.
Louisiana Laws - Louisiana State Legislature. A. 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.
Domestication: To enforce the out-of-state subpoena in Louisiana, it must be domesticated or recognized by the local court. This involves submitting the subpoena, along with a domestication request, to the court in the parish where the discovery is sought.
