Mississippi Subpoena Duces Tecum

State:
Mississippi
Control #:
MS-61751
Format:
Word; 
Rich Text
Instant download

Understanding this form

A subpoena duces tecum is a legal document that compels an individual to produce specific evidence in their possession. Unlike other subpoenas, this type focuses solely on obtaining documents or records rather than requiring the individual to provide oral testimony. This form is particularly used in legal contexts involving evidence, such as traffic violations, where the defendant is summoned to present uniform traffic ticket numbers.

Main sections of this form

  • Identification of the party to whom the subpoena is directed
  • Details of the specific documents or evidence requested
  • Notice that testimony is not required, only documents
  • Uniform traffic ticket numbers for reference
  • A certificate of service indicating delivery of the subpoena
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When to use this document

This form should be used when a legal party needs to compel the production of specific documents from an individual related to a case. For instance, if you are involved in a legal dispute concerning traffic offenses, you might issue this subpoena to request relevant traffic ticket records that the opposing party has in their possession.

Who needs this form

  • Attorneys representing clients in legal cases
  • Individuals involved in disputes requiring document evidence
  • Law enforcement agencies seeking evidence related to traffic violations

Steps to complete this form

  • Identify the party to whom the subpoena is being issued.
  • Clearly specify the documents or evidence required.
  • Include the relevant uniform traffic ticket numbers.
  • Sign and date the form to ensure its legal validity.
  • Provide a certificate of service indicating that the subpoena was delivered.

Notarization guidance

This form does not typically require notarization unless specified by local law. Ensure any applicable rules in your jurisdiction are followed for effective use.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

  • Failing to specify the exact documents required, leading to confusion.
  • Not providing uniform traffic ticket numbers, which can hinder compliance.
  • Omitting the certificate of service, which is essential for legality.

Why complete this form online

  • Easy access to legally vetted templates drafted by licensed attorneys.
  • Quick and convenient download options save time.
  • Editable forms that allow customization for specific legal requirements.

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FAQ

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 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.

Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.

For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness.

Whether you've received a subpoena to appear as a witness or a subpoena duces tecum, it's never a good idea to simply ignore the subpoena. If you ignore a subpoena, a judge could hold you in criminal contempt and punish you accordingly.The judge can impose fines or order the person jailed for up to six months.

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Mississippi Subpoena Duces Tecum