This form is a sample subpoena duces tecum for use in a personal injury case.
Missouri Civil Trial Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0046
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Civil Trial Subpoena Duces Tecum?
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FAQ
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
Fill out and file a Request to Quash the Subpoena. Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.
If the subpoenaed party wishes to quash the subpoena, he must serve written objection specifying the grounds for his objection upon the attorney designated in the subpoena within ten days after service, or on or before the time directed in the subpoena, if compliance is required within fewer than ten days.
When a subpoena is issued out of a Missouri state court, it must be personally served on the party or entity receiving the subpoena by a sheriff or a sheriff's deputy, or any other person who is not a party to the underlying case and is not less than eighteen years of age. Service by mail is not proper.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM ? An order commanding the presence of a witness to appear in court to testify in court proceedings. TWO TYPES OF FEDERAL INCARCERATED INDIVIDUALS: COMMITTED - A committed incarcerated person will remain in the county's custody until all proceedings are terminated.
The court may: (1) Quash or modify the subpoena if it is unreasonable or oppressive, or (2) Require the party who issued and served the subpoena to advance the reasonable cost of producing the books, papers, documents, or tangible things.
A subpoena may be served by the sheriff or by any other person who is not a party and who is not less than eighteen years of age. Service of the subpoena shall be made by delivering a copy thereof to the person named. A subpoena may be served any place within the state.
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 witness subpoena is a court order requiring you to appear at the stated place and time, even if you do not see a judge's signature on the document.