Texas Notice to Take Deposition Subpoena Duces Tecum

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

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

A party may take the testimony of any person or entity by deposition on written questions before any person authorized by law to take depositions on written questions. A notice of intent to take the deposition must be served on the witness and all parties at least 20 days before the deposition is taken.

A subpoena may also be served by accepted alternative methods established by a peace officer's law enforcement agency. (b) A subpoena must be served at least five days before the hearing.

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.

The party served with the subpoena duces tecum must then appear in court on the date and time specified with the requested information and turn it over directly to the presiding judge.

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.

This notice is also referred to as a Duces Tecum in some jurisdictions. Whatever the nomenclature, the notice requests pertinent documents that allow the opposing lawyer to follow up on questions with the produced documents. It is a very valuable pleading in many civil litigation cases.

What Is a Notice of Deposition? Witnesses are needed by a legal team to answer questions under oath pertaining to their knowledge relating to a lawsuit before the case is tried in the court. The law firm sends a document called a notice of deposition to the witness and all other parties involved in the lawsuit.

A subpoena is a court order telling an individual to appear in court in person and testify. Similarly, a subpoena duces tecum is an order for a witness to bring something to court ? such as documents, a child, or evidence. This is true in both state and federal courts.

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Texas Notice to Take Deposition Subpoena Duces Tecum