A Mississippi Subpoena Ducks Cecum is a legal document issued by a court or other authorized body requiring a person or organization to produce documents or other tangible items for court proceedings. It is a form of discovery in which a party to a lawsuit can obtain evidence from a non-party. There are two types of Mississippi Subpoena Ducks Cecum: a subpoena ad testificandum, which requires a person to appear in court and testify, and a subpoena duces tecum, which requires a person to produce documents or other tangible items. In Mississippi, a Subpoena Ducks Cecum must be served at least 15 days before the hearing, and the items requested must be specified. The recipient must bring the requested items to the hearing or make them available to the court prior to the hearing. Failure to comply with the Subpoena Ducks Cecum may result in a contempt of court charge.
Mississippi Subpoena Duces Tecum
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FAQ
Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.
Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.
Subpoena ad testificandum is a subpoena commanding the appearance of a witness to give testimony while subpoena duces tecum is a subpoena commanding the production of books, documents, and other things.
Rule 65 authorizes parties to seek temporary restraining orders (TROs) and preliminary injunctions in civil cases in which permanent injunctive relief or other relief is being sought.
Rule 45(a)(1) provides that a subpoena shall command each person to whom it is directed to attend and give testimony, or to produce and permit inspection of evidence, or to permit inspection of premises, and provides further that a command to produce evidence or to permit inspection may be joined with a command to
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.
(1) A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie proof of service, or the person served may acknowledge service in writing on the subpoena.
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.