Texas Subpoena in an Adversary Proceeding - B 255

• Category: Bankruptcy - Adversary Proceedings
• State: Multi-State
• Control #: US-B-255
• Format: Word; PDF; Rich Text

Description

This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.

In an adversary proceeding, a subpoena is a powerful legal tool used to obtain evidence or information essential to a case. Specifically, in Texas, subpoenas issued in adversary proceedings are governed by Texas Rule of Civil Procedure 176.1. The Texas Subpoena in an Adversary Proceeding — B 255 is a specialized form used to request the attendance of a witness or the production of documents in relation to a bankruptcy adversary proceeding. Adversary proceedings typically occur within the context of a bankruptcy case when there are disputes or litigation concerning the debtor's assets, debts, or other bankruptcy-related matters. The Texas Subpoena in an Adversary Proceeding — B 255 is typically issued by a party involved in the proceeding or their attorney and is served on the individual or organization that possesses the desired evidence or information. The subpoena compels the recipient to comply with the requests made, which may involve appearing at a deposition, producing documents, or both. It is important to note that specific types of subpoenas can be issued within the framework of the Texas Subpoena in an Adversary Proceeding — B 255, depending on the nature of the evidence or information sought. Here are a few common types: 1. Subpoena Ducks Cecum: This type of subpoena compels the recipient to produce specific documents or records relevant to the adversary proceeding. These documents can range from financial records, contracts, emails, or any other tangible evidence that may support a party's claims or defenses. 2. Subpoena Ad Testificandum: Unlike a subpoena duces tecum, this type of subpoena requires the recipient's physical presence to testify as a witness in a deposition or trial. The witness is expected to provide their testimony or answer questions under oath, shedding light on the facts or events pertinent to the adversary proceeding. 3. Subpoena for Deposition: This subpoena specifically targets an individual witness and requires their appearance at a deposition. The deponent, usually chosen because of their knowledge or involvement in the case, would be examined and cross-examined by the parties' respective attorneys, providing sworn testimony that can be used later during trial or as evidence. 4. Subpoena for Records Custodian: In situations where the desired documents are in the possession of an organization or entity rather than an individual, this type of subpoena can be issued. It mandates the designated records' custodian, usually an authorized representative, to produce the requested records. The Texas Subpoena in an Adversary Proceeding — B 255 serves as a crucial tool during the discovery phase of adversary proceedings, facilitating the exchange of evidence and information necessary for a fair and accurate resolution of the case. It gives parties the opportunity to gather supporting evidence, challenge opposing claims, and ultimately build a strong legal strategy to protect their interests in the bankruptcy adversary proceeding.