This form is an official Montana form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.
Montana Subpoena
Category:
State:
Montana
Control #:
MT-WC-009
Format:
Word;
Rich Text
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FAQ
Failure to do so can result in court sanctions. Some purported subpoenas are not valid. For example, if a subpoena violates a case management order or a local rule, or the subpoena issued from another state, the subpoena may be invalid and you may not need to respond at all.
Lawyers can also subpoena the contents of the personnel records for lawsuits and the Equal Employment Opportunity Commission (EEOC) complaints. A former employee can also request a copy of his or her personnel records. Best practice makes the personnel file only accessible by Human Resources staff members.
"A valid subpoena must be issued and signed by a clerk of the court, notary public, or the justice of the peace, and must state the name of the court, state the title of the action, and be accompanied by a witness fee," she says.
A subpoena is an order from the court demanding that someone or something be provided to assist in a case.However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.
You may subpoena the other party or a non-party witness to the hearing if: He or she is a California resident. You need him or her to come to court to testify and there is a possibility he or she may not come. He or she has documents you need to support your case and will not give them to you.
Subpoenas are legal documents issued by courts which require a person to attend court and give evidence or provide documents to the court. A patient's right to confidentiality is overridden when medical records are requested under a subpoena.A failure to comply with a subpoena can result in contempt of court.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed.
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.