A Michigan subpoena for documents to a nonparty is a legal tool used in the state of Michigan to compel a nonparty to produce specific documents or records for use in a legal proceeding. This type of subpoena is often used during the discovery phase of a lawsuit when parties seek evidence or information from individuals or organizations that are not directly involved in the case but may possess relevant documents. The Michigan subpoena for documents to a nonparty can be issued by any party to a lawsuit, including plaintiffs and defendants. It is an official court order that requires the nonparty to produce the requested documents within a specified time frame. Failure to comply with a properly issued subpoena can result in legal consequences, including potential penalties or sanctions. There are different types of Michigan subpoenas for documents to a nonparty that can be used depending on the nature of the case and the specific documents sought. Some common types include: 1. Subpoena duces tecum: This type of subpoena requires the nonparty to produce specific documents, records, or tangible things that are within their possession, custody, or control. It may be used to obtain a wide range of documents, such as medical records, financial statements, employment records, or contracts. 2. Subpoena ad testificandum: This type of subpoena is used to compel a nonparty to testify as a witness in a legal proceeding. While it primarily focuses on testimony, it may also include a request for the nonparty to bring certain documents or records to the testimony. 3. Subpoena for deposition: In some cases, a Michigan subpoena for documents to a nonparty may be issued to compel the nonparty to provide a deposition, which is a formal out-of-court testimony. This type of subpoena aims to obtain not only documents but also the nonparty's oral evidence under oath. It is important to note that when issuing a Michigan subpoena for documents to a nonparty, the requesting party must provide sufficient reasons for the production of the requested documents and ensure that the subpoena complies with all applicable laws and regulations. Additionally, the nonparty receiving the subpoena has the right to object or seek appropriate protection if they believe the subpoena is improper, burdensome, or seeks privileged or confidential information. In summary, a Michigan subpoena for documents to a nonparty is a legal instrument that allows parties in a lawsuit to obtain relevant documents from individuals or organizations not directly involved in the case. By issuing this type of subpoena, parties can ensure the discovery of important evidence to support their claims or defenses.
Michigan Subpoena for Documents to a Nonparty
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How to fill out Michigan Subpoena For Documents To A Nonparty?
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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).
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 ...
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.
Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum.
The party served with the subpoena duces tecum must then appear in court on the date and time specified with the requested information and turn it over directly to the presiding judge.
Once you determine the proper county, you must submit your out-of-state subpoena to the clerk of the circuit court. The court clerk must then issue a subpoena to be served on the person who is the subject of the foreign subpoena.
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
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 ...
Primary tabs. 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". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).