Pennsylvania Notice to Take Deposition Subpoena Duces Tecum

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

(d) A court may compel the attendance of any person confined in jail or prison by issuing, upon motion, an order directed to the custodian of the person so confined to release the person to the custody of a sheriff or other appropriate agent.

(a) A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. It may also require the person to produce documents or things which are under the possession, custody or control of that person.

Rule 234.10. (1) To request issuance of a subpoena, a party shall file a foreign subpoena with the prothonotary of the judicial district in which discovery is sought to be conducted in this Commonwealth.

(e) A party may in the notice and in a subpoena, if issued, name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters to be inquired into and the materials to be produced.

Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

Official Note: Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. Rule 234.2(b) governs service of a subpoena to testify. For the form of a subpoena to produce, see Rule 4009.26.

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.

Rule 234.5 - Failure to Comply with Subpoena. Notice to Attend or Notice to Produce (a) If a witness fails to comply with a subpoena, the court may issue a bench warrant and if the failure to comply is wilful may adjudge the witness to be in contempt.

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Pennsylvania Notice to Take Deposition Subpoena Duces Tecum