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Michigan Notice Taking Deposition Duces Tecum of Defendant

State:
Michigan
Control #:
MI-BM-064-06-F
Format:
Word; 
Rich Text
Instant download

Description

This Defendant's Notice to Take Deposition pursuant to subpoena from the courts to produce documents or other tangible evidence for use at a hearing or trial.

Definition and meaning

The Michigan Notice Taking Deposition Duces Tecum of Defendant is a legal document used in civil litigation. It is a formal notice to a defendant that they are being required to appear for a deposition and produce specific documents during that testimony.

Who should use this form

This form is primarily utilized by plaintiffs in civil cases who need to gather evidence from defendants. Legal representatives seeking to establish facts or obtain documents relevant to the case will also find this form critical.

Key components of the form

The form includes essential details such as:

  • Name of the parties involved in the case.
  • Date and time of the deposition.
  • Location where the deposition will take place.
  • Specific documents that the defendant is required to produce.

Legal use and context

This document serves a vital role in the pre-trial discovery process, allowing plaintiffs to obtain testimony and relevant documents from defendants. It adheres to rules set forth in Michigan Court Rules, primarily MCR 2.305 and MCR 2.306(A)(B)(5).

Common mistakes to avoid when using this form

Here are several pitfalls to be mindful of:

  • Failing to list all required documents under the Duces Tecum request.
  • Not providing enough notice to the defendant ahead of the deposition.
  • Inaccurate or incomplete information about the deposition location or time.

Benefits of using this form online

Utilizing this form online simplifies the process by ensuring easy access and completion. Users can avoid potential delays associated with traditional means of obtaining legal documents and can store their completed forms securely.

What to expect during notarization or witnessing

When this form is used, a Notary Public will typically be present to oversee the deposition process. They will verify the identity of the parties involved and ensure that the testimonies given are accurate and credible, enhancing the legal validity of the proceedings.

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Michigan Notice Taking Deposition Duces Tecum of Defendant