Subpoena Duces Tecum
What this document covers
A Subpoena Duces Tecum is a legal document that orders an individual to produce documents or evidence for a court case. Unlike other subpoenas that may only require personal testimony, this form specifically requires the subpoenaed party to bring relevant documents to a designated location at a specified time. This versatility allows it to be applicable across various jurisdictions, making it a crucial tool in legal proceedings.
What’s included in this form
- Identification of the person being summoned.
- Name and location of the court where the appearance is required.
- Date and time for the appearance.
- Names of the parties involved in the case (Complainant and Defendant).
- List of documents that must be produced.
- Signature and seal of the court clerk for validation.
Common use cases
This form should be used when you need to obtain specific documents or evidence from an individual or organization for a legal case. It is commonly utilized in civil litigation, criminal cases, or any scenario where gathering documentary evidence is essential to support your position in court.
Who should use this form
- Attorneys representing clients in legal proceedings.
- Individuals involved in legal disputes who require documentation from third parties.
- Parties in civil or criminal cases looking to gather evidence to support their claims or defenses.
- Pro se litigants (individuals representing themselves) seeking to secure evidence.
Instructions for completing this form
- Identify the person who is being summoned and fill in their information.
- Specify the court's name and location where the appearance is required.
- Enter the date and time of the court appearance.
- Provide the names of the complainant and defendant involved in the case.
- Clearly list all documents that the summoned party must bring to court.
- Ensure the form is signed and sealed by the clerk of the court for validity.
Does this form need to be notarized?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes
- Failing to provide complete information about the person being summoned.
- Neglecting to specify the correct court location and timing.
- Listing unclear or insufficient documentation needed.
- Not securing the signature and seal of the court clerk.
Benefits of using this form online
- Convenient access to the form 24/7 for immediate use.
- Editability allows for customization based on specific needs.
- Assures correctness and compliance with legal standards through professionally drafted templates.
Summary of main points
- Subpoena Duces Tecum is essential for obtaining documentation in legal cases.
- It is applicable in all states, with some local rule variations.
- Thoroughly complete the form to avoid common errors and ensure enforceability.
Form popularity
FAQ
For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness. (Evid. Code § 1560(b)(1) and (b)(3).)
Subpoena: It is a summons from the courts or an attorney requiring a person to appear somewhere and do something.Subpoena Duces Tecum: A summons to appear somewhere and to bring something (take something) with you and to possibly give testimony too.
General. A subpoena is a court order to compel a person to appear at a deposition or court proceeding to testify as a witness. A subpoena duces tecum is a court order normally used to compel a person to produce all documents or records named in the subpoena.
(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure.
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.
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.
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.
Whether you've received a subpoena to appear as a witness or a subpoena duces tecum, it's never a good idea to simply ignore the subpoena. If you ignore a subpoena, a judge could hold you in criminal contempt and punish you accordingly.The judge can impose fines or order the person jailed for up to six months.
