Montana Subpoena in an Adversary Proceeding - B 255

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This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.

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FAQ

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law.

(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.

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.

Any person who commits criminal contempt may be punished for that contempt after prosecution on notice.

A subpoena must command the recipient to produce documents at a specific time. However, Rule 45(d)(2)(B) requires the recipient to serve written objections before the earlier of the date of compliance or 14 days after service of the subpoena. Objections are usually due well before the date of production.

Rule 44 requires that a party who ?questions the constitutionality of an Act of Congress? in a proceeding in which the United States is not a party must provide written notice of that challenge to the clerk.

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Montana Subpoena in an Adversary Proceeding - B 255