Title: A Comprehensive Overview of Mississippi Subpoena in an Adversary Proceeding — B 255 Introduction: In legal proceedings, gathering evidence is crucial, and subpoenas play a crucial role in this process. One such type of subpoena used in Mississippi adversary proceedings is the Mississippi Subpoena in an Adversary Proceeding — B 255. This article aims to provide a detailed description of this subpoena type, its purpose, and the different variations it may take. Keywords: Mississippi subpoena, adversary proceeding, B 255, types of Mississippi subpoena, legal proceedings, gathering evidence, comprehensive overview. 1. Understanding the Mississippi Subpoena in an Adversary Proceeding — B 255: The Mississippi Subpoena in an Adversary Proceeding — B 255 is a legal document issued by a court, requiring the presence of an individual or the production of documents and evidence relevant to a specific adversary proceeding in Mississippi. This subpoena type is authorized under Bankruptcy Rule 9016 and Mississippi Code § 13-1-173. 2. Purpose of the Mississippi Subpoena in an Adversary Proceeding — B 255: The primary purpose of the Mississippi Subpoena in an Adversary Proceeding — B 255 is to compel the attendance of witnesses or the production of documents for use as evidence during an adversary proceeding. It ensures that relevant parties provide their testimony or required information lawfully, allowing for a fair and just resolution of the case. 3. Key Elements of the Mississippi Subpoena in an Adversary Proceeding — B 255— - Identification of the issuing court: The subpoena states the name of the Mississippi court that issues it. — Information about the proceeding: The subpoena specifies the title or case number of the adversary proceeding, helping clarify its context. — Descriptions of witnesses or documents: The subpoena requires either the appearance of specific individuals at a designated location or the production of specific documents, or both. 4. Different Types of Mississippi Subpoena in an Adversary Proceeding — B 255: a. Subpoena to Testify Only: This type of subpoena compels an individual to appear before the court or attorney to provide testimony related to the adversary proceeding. b. Subpoena to Produce Documents Only: This subpoena solely requires the production of specific documents or evidence relevant to the adversary proceeding. c. Subpoena to Testify and Produce: This type of subpoena combines the requirements of both the Subpoena to Testify Only and the Subpoena to Produce Documents Only, compelling individuals to provide testimony and produce requested documents or evidence. Conclusion: The Mississippi Subpoena in an Adversary Proceeding — B 255 is a vital tool in the process of gathering evidence and ensuring a fair determination in an adversary proceeding in Mississippi. Whether it is used to summon witnesses, procure essential documents, or both, this subpoena type plays a critical role in facilitating the legal process and upholding the principles of justice. Keywords: Mississippi Subpoena, adversary proceeding, B 255, types of Mississippi Subpoena, legal proceedings, gathering evidence, Bankruptcy Rule 9016, Mississippi Code § 13-1-173.
Mississippi Subpoena in an Adversary Proceeding - B 255
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Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
The form ?Subpoena (Call to Appear as a Witness)? enables a party to call a witness before the Court at the date and time set for the hearing.
(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.
Effective february 22, 2023, Rule 45(a) was amended to permit an attorney admitted to practice in Mississippi, as an officer of the court, to issue subpoenas in a Mississippi case in which he or she is counsel of record.
Rule 45(c)(3) provides a non-party, subpoenaed to appear at trial more than fifty miles from the place of service, the opportunity to move to quash the subpoena unless a special showing of need is made and reasonable compensation is provided to the witness.
5. Tariff A of the Federal Court Rules provides that a witness or expert is entitled to be paid, by the party who arranged for or subpoenaed his or her attendance, the prescribed per diem plus reasonable travel expenses.
The Subpoena Requires the Disclosure of Privileged or Confidential Information. Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information.