Mississippi Civil Trial Subpoena Duces Tecum

State:
Mississippi
Control #:
MS-62490
Format:
Word; 
Rich Text
Instant download

About this form

The Civil Trial Subpoena Duces Tecum is a legal document used in the State of Mississippi. It compels a specific individual to appear at a civil trial on a designated date and time, bringing with them certain documents outlined in the subpoena. This form differs from standard subpoenas as it explicitly requests the production of documents, while other subpoenas may focus solely on testimony.

Main sections of this form

  • Identifying information of the individual who is being summoned.
  • Date, time, and location of the trial.
  • Detailed list of documents the individual must bring.
  • Signature of the attorney or party issuing the subpoena.
  • Instructions on how to respond to the subpoena.
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Situations where this form applies

This form is typically used during civil litigation when a party needs to obtain documents from a witness who is not part of the case. It is essential in gathering evidence to support legal arguments or claims. For example, if you need documents from a business that are relevant to your case, this subpoena allows you to compel their production in court.

Who can use this document

  • Individuals involved in civil lawsuits in Mississippi.
  • Attorneys representing clients in civil trials.
  • Parties seeking to obtain specific documents or evidence from witnesses.

Steps to complete this form

  • Identify the individual being summoned and their contact information.
  • Enter the date, time, and location of the trial.
  • List all specific documents that the individual is required to bring.
  • Have the subpoena signed by the attorney or the party issuing it.
  • Provide clear instructions for how the individual should respond to the subpoena.

Notarization requirements for this form

Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.

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

Common mistakes

  • Failing to include a complete list of documents required.
  • Not providing the correct trial date or location.
  • Omitting the signature of the issuing party.
  • Sending the subpoena without sufficient notice to the individual.

Why complete this form online

  • Convenient access to legal documents without the need for in-person consultations.
  • Editability, allowing you to fill in details accurately.
  • Reliable templates drafted by licensed attorneys to ensure compliance with legal standards.

Key takeaways

  • The Civil Trial Subpoena Duces Tecum is essential for obtaining documents in civil trials.
  • It must be properly filled out and signed to be valid.
  • Understanding local rules is crucial for effective use.

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FAQ

A refusal to testify is considered civil contempt. But even civil contempt is considered quasi-criminal in nature. That means that a person is entitled to certain constitutional procedures. For example, the witness is entitled to consult with a lawyer.

(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure.

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.

General. A subpoena is a court order to compel a person to appear at a deposition or court proceeding to testify as a witness. A subpoena duces tecum is a court order normally used to compel a person to produce all documents or records named in the subpoena.

Subpoena: It is a summons from the courts or an attorney requiring a person to appear somewhere and do something.Subpoena Duces Tecum: A summons to appear somewhere and to bring something (take something) with you and to possibly give testimony too.

Once a subpoena duces tecum is issued, the witness does not deliver the documents to the attorney that requested them. Rather, the documents and/or evidence are sent to the superior court judge presiding over the case. The judge then reviews them and decides if the defense or the prosecutor is entitled to them.

You can Subpoena the witness, which requires them to come to court. You can also use a Subpoena during discovery.Fill in the name of the case, the name and address of the witness, and the courtroom for the case. When you Subpoena a witness, you must pay them a witness fee and travel costs.

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.

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Mississippi Civil Trial Subpoena Duces Tecum