Oklahoma Notice to Take Deposition Subpoena Duces Tecum

State:
Multi-State
Control #:
US-PI-0041
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
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How to fill out Notice To Take Deposition 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).

Ii. 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.

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 duces tecum is a command to appear and testify and produce records, books, papers, and any other items identified in the subpoena. (1) A subpoena duces tecum is not a court order to produce records.It is a legal request for records.

It's based on Oklahoma Civil Rules of Procedure, which applies to pretty much all civil cases, and that requirement is you have to give three days' plus travel time notice of a subpoena to appear at court.

Except on order of the court or unless a deposition is attached to a motion response thereto, is needed for use in a trial or hearing, or the parties stipulate otherwise, depositions shall not be filed with the court clerk.

Service may be made in person, by certified mail, with return receipt, by leaving a copy of the subpoena at the principal place of business of the party, with the party, or an employee who customarily serves as the secretary or receptionist of the party. Service may also be made in any other manner provided by law.

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Oklahoma Notice to Take Deposition Subpoena Duces Tecum