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A subpoena must be issued by the clerk under the seal of the court. It must state the name of the court and the title, if any, of the proceeding, and must command each person to whom it is directed to attend and give testimony at the time and place specified therein.
A subpoena must be issued by the clerk under the seal of the court. It must state the name of the court and the title, if any, of the proceeding, and must command each person to whom it is directed to attend and give testimony at the time and place specified therein.
Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum.
On timely motion, the court that issued a subpoena must quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance; (ii) requires a person to travel to a place more than 100 miles from the place where that person resides, is employed, or regularly transacts business in person, unless the ...
?Subpoenas? in Nevada criminal cases (NRS 174.305 ? . 385) Nevada criminal judges issue subpoenas to compel witnesses to come to court to testify. Nevada criminal judges can also issue ?subpoenas duces tecums? to compel people to bring to court certain documents and other materials relevant to the case.
Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.
If an objection is made: (i) the party serving the subpoena is not entitled to inspect, copy, test, or sample the materials or tangible things or to inspect the premises except by order of the court that issued the subpoena; (ii) on notice to the parties, the objecting person, and the person commanded to produce or ...
Limits the subpoena power to the judicial district and places outside the dis- trict which are within 100 miles of the place of trial or hearing. The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.