Michigan Subpoena to Produce Documents, Information, or Objects in a Criminal Case

State:
Michigan
Control #:
MI-AO-88B-ED
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PDF
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Description

Subpoena to Produce Documents, Information, or Objects in a Criminal Case

A Michigan Subpoena to Produce Documents, Information, or Objects in a Criminal Case is a court-ordered document issued by a court with jurisdiction over the criminal case. The Michigan Subpoena to Produce Documents, Information, or Objects in a Criminal Case requires the recipient to appear in court or to provide specified documents, information, or objects that are relevant to the proceedings. The recipient must comply with the request unless there is a valid reason to not comply. There are three types of Michigan Subpoena to Produce Documents, Information, or Objects in a Criminal Case: Subpoena Ducks Cecum, Subpoena Ad Testificandum, and Subpoena Ad Testificandum et Ducks Cecum. Subpoena Ducks Cecum is a court-ordered document requiring the recipient to appear in court and to provide specified documents, information, or objects related to the criminal case. Subpoena Ad Testificandum is a court-ordered document requiring the recipient to appear in court to testify. This type of subpoena does not require the recipient to provide documents, information, or objects. Subpoena Ad Testificandum et Ducks Cecum is a court-ordered document requiring the recipient to appear in court and to provide documents, information, or objects related to the criminal case.

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FAQ

Filing a Discovery Subpoena Complete the front of the Discovery Subpoena Form (PDF).The Affidavit for Judgment Debtor Examination on the back of the form must be signed in front of a Notary or court clerk. The Judge must sign the subpoena before it's effective. The subpoena must be personally served on the defendant.

A subpoena must: (1) be entitled in the name of the People of the State of Michigan; (2) be imprinted with the seal of the Supreme Court of Michigan; (3) have typed or printed on it the name of the court in which the matter is pending; (4) state the place where the trial or hearing is scheduled; (5) state the title of

This act establishes the process for requesting issuance of a discovery subpoena in Michigan for a case pending in another state. The request for a subpoena does not create a new case, so no case-type code should be assigned and no filing fee should be collected.

If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal.

On written request, the agency shall revoke a subpoena if the evidence, the production of which is required, does not relate to a matter in issue, or if the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the

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.

(3) A subpoena shall provide a minimum of 14 days after service of the subpoena (or a shorter time if the court directs) for the requested act. The subpoenaing party may file a motion to compel compliance with the subpoena under MCR 2.313(A).

A ?proof of service? shows the court that a document was served as required by law. WHO TO SERVE - Michigan Court Rule (MCR) 5.125 identifies Interested Persons ? those required to be served ? for many different types of probate proceedings, including guardianships, conservatorships, estates and trusts.

More info

Subpoena to Produce Documents, Information, or Objects in a Criminal Case. Download Form (pdf, 1.A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. (a) A subpoena may command a person to produce books, papers, documents, or other designated objects. A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately. If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS. A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately. Case No. Plaintiff. Defendant. A subpoena can help a party investigate their case.

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Michigan Subpoena to Produce Documents, Information, or Objects in a Criminal Case