Mississippi Subpoena Duces Tecum
Description
Definition and meaning
A Mississippi Subpoena Duces Tecum is a legal document issued by a court that requires an individual or entity to produce documents, records, or evidence in a legal proceeding. This type of subpoena is critical in legal contexts where the presentation of certain documents is necessary for the case at hand.
How to complete a form
Filling out a Mississippi Subpoena Duces Tecum involves several clear steps:
- Identify the court where your case is being heard.
- Fill in the names of the parties involved, including the plaintiff and defendant.
- Specify the type of documents or evidence being requested.
- Include the date, time, and location for compliance.
- Sign the form and have it filed with the appropriate court.
Who should use this form
The Mississippi Subpoena Duces Tecum is typically used by attorneys, legal representatives, or any party involved in a legal case who needs to obtain specific evidence from another party. This form is essential for those preparing for trial or seeking important documentation as a part of their case strategy.
Legal use and context
This form is commonly used in various legal proceedings, including civil and criminal cases. It is a critical tool for lawyers to compel the production of documents that support their case. Understanding when and how to use a Subpoena Duces Tecum can greatly influence the outcome of legal proceedings.
Key components of the form
A Mississippi Subpoena Duces Tecum includes several important elements:
- The title of the document.
- The names of the parties involved in the case.
- The specific documents that need to be produced.
- The date and time for compliance.
- The signature of the court clerk or attorney.
How to fill out Mississippi Subpoena Duces Tecum?
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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.