This form is a sample subpoena duces tecum for use in a personal injury case.
Ohio Civil Trial Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0046
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Civil Trial Subpoena Duces Tecum?
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FAQ
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).
(3) On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production only under specified conditions, if the subpoena does any of the following: (a) Fails to allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise protected ...
Complying with the subpoena duces tecum means you must produce every document requested that is under your control. If any of the documents aren't in your possession, then you or your attorney must submit (and have granted) a motion to modify the scope of the subpoena before the set date.
Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.
The subpoena response process: Notify relevant parties. Issue a legal hold for potentially responsive ESI. Challenge the subpoena if you choose to do so. Collect ESI for review. Review ESI for privilege, confidentiality, and responsiveness. Produce ESI to the issuing party.
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.