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Hear this out loud PausePersonal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.
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).
Hear this out loud PauseA 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.
While testimony will happen in front of the judge, deposition typically looks more like a casual conversation in an attorney's office, as we briefly discussed. In both testimony and deposition, you'll be answering questions with the only difference being the process of questioning.
Hear this out loud PauseA subpoena is a legal document that ?orders? someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side's lawyer and yourself.
Hear this out loud PauseDo not ignore the subpoena. For many subpoenas, if you do not make objections within 7 to 14 days of receipt of the subpoena, you forever waive the right to object to all or any portion of the subpoena. Therefore, when you receive a subpoena, get in touch with your attorney right away.
JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.