This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
Montana Subpoena in a Case Under the Bankruptcy Code - B 256
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US-B-256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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FAQ
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v.
Rule 30. Depositions by Oral Examination (a) When a Deposition May Be Taken. (1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). Rule 30-1 Rule 30. Depositions by Oral Examination uscourts.gov ? sites ? cit ? files ? Rule 30 uscourts.gov ? sites ? cit ? files ? Rule 30
On a timely motion for good cause and on notice to all parties and the person to be examined, the court in which the action is pending may issue an order to prohibit the introduction of evidence of any such portion of any person's medical record not related to the pending action. Rule 35. Physical and Mental Examination, MCA mt.gov ? title_0250 ? part_0050 ? section_0350 mt.gov ? title_0250 ? part_0050 ? section_0350
A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.
The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. Rule 33. Interrogatories to Parties, MCA mt.gov ? title_0250 ? part_0050 ? section_0330 mt.gov ? title_0250 ? part_0050 ? section_0330
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.
Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with ... Rule 31. Depositions by Written Questions, MCA mt.gov ? title_0250 ? part_0050 ? section_0310 mt.gov ? title_0250 ? part_0050 ? section_0310
File your original and a copy of your Request, together with a completed Proof of Service and copies, at the court's clerk's office. They will file-stamp your copy of the Request to Quash the Subpoena and of the Proof of Service and return to you.