Mississippi Subpoena For Taking Deposition

State:
Mississippi
Control #:
MS-SKU-0327
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PDF
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Description

Subpoena For Taking Deposition

A Mississippi Subpoena For Taking Deposition is a legal document issued by a court to compel a witness to appear at a deposition. The subpoena is issued by the court to the witness requiring him/her to appear and give testimony under oath. The testimony given at the deposition is used to provide evidence in a civil or criminal trial. There are two types of Mississippi Subpoenas For Taking Deposition: Subpoena Ducks Cecum and Subpoena Ad Testificandum. A Subpoena Ducks Cecum requires the witness to bring certain documents, records, or other materials to the deposition. The witness must bring the documents to the deposition and be prepared to answer questions regarding the documents. A Subpoena Ad Testificandum requires the witness to appear and give oral testimony under oath. The witness must answer questions posed by the attorney who issued the subpoena. A Mississippi Subpoena For Taking Deposition is an important legal tool used by attorneys to gather evidence and obtain testimony from witnesses. It is essential that the subpoena be properly served and that the witness comply with the requirements of the subpoena. Failure to comply may result in fines and/or jail time.

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FAQ

(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 Deposition Subpoena is a court order requiring a person who is not a party to a lawsuit to provide copies of business records and/or appear at a deposition to answer questions asked by one party in a lawsuit.

30(b)(6) Depositions Rule 30(b)(6) allows a party to depose a corporation, partnership, association, gov- ernmental agency, or other entity with- out identifying a specific individual for the deposition.

Rule 40 - Assignment of Cases for Trial (a) Methods. Courts shall provide for placing of actions upon the trial calendar (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or, (3) in such other manner as the court deems expedient.

Rule 4(h) provides that if service is not made upon a defendant within 120 days after the filing of the complaint, the claims against that defendant will be dismissed without prejudice absent good cause for the failure to timely serve the defendant.

A party or person may not be required to travel an unreasonable distance for an examination. The party requesting the examination shall pay the examiner and shall advance all necessary expenses to be incurred by the party or person in complying with the order.

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

More info

I declare under penalty of perjury that this information is true. Complete the Application and the Subpoena Duces.The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. (See separate "How to Complete the Subpoena" instructions). STEP 2: Take the original subpoena to the Clerk of the Superior Court. Fill out the subpoena form, available in the Forms section below. Fill out the subpoena form, available in the Forms section below. Total. RETURN OF SERVICE. Testify at a deposition, hearing or trial (testimonial subpoena). A deposition subpoena requires that a nonparty testify or produce documents during pretrial discovery in a deposition.

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Mississippi Subpoena For Taking Deposition