This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
New Jersey Motion to Quash Deposition Subpoena Duces Tecum
Category:
State:
Multi-State
Control #:
US-PI-0042
Format:
Word;
Rich Text
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
Subpoena is a command in the form of written process requiring a witness to come to court to testify. Subpoena ad Testificandum: A summons to appear somewhere and give testimony. Subpoena Duces Tecum: A summons to appear somewhere and to bring something (take something) with you and to possibly give testimony too.
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).
A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the ?discovery process? before trial and may not be used in an actual court hearing.
(b) The fees for witnesses for attendance and travel shall be paid by the party requesting the subpoena. (a) A petition to quash a subpoena may be filed with the commission or designated officer not later than five days from the date of service of the subpoena.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
A subpoena is a legal document that ?orders? someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side's lawyer and yourself. Effectively reading the deposition subpoena is the first step in preparing for your deposition.
Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.