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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.
Subpoena Duces Tecum Without Deposition (a) When Witness Has Option To Furnish Records Instead of Attending Deposition; Issuance.
This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. It also requires that they bring specified items with them.
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.
Upon receipt of a motion for a protective order, the Court may issue a temporary stay of discovery pending resolution of the motion. However, a party's diligence in seeking relief is a principal factor in the decision whether to grant a stay.
On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.
If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the motion can be determined.
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.