Oklahoma Subpoena for Documents to a Nonparty

State:
Multi-State
Control #:
US-PI-0315
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample subpoena seeking documents, served upon a non-party to the action.
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How to fill out Subpoena For Documents To A Nonparty?

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FAQ

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.

A nonparty may be required to produce documents at his or her deposition. The client is not involved in the production of documents. Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.

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.

A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.

Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.

A subpoena duces tecum or a subpoena for documents is a court order that requires a third party to produce documents. It is different from a subpoena for testimony, or subpoena ad testificandum, because it does not require the party to give testimony.

Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.

1. A party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph 2 of this subsection. The attendance of witnesses may be compelled by subpoena as provided in Section 2004.1 of this title.

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Oklahoma Subpoena for Documents to a Nonparty