Subpoena Duces Tecum

State:
Multi-State
Control #:
US-00861
Format:
Word; 
Rich Text
Instant download

Description

This is a Subpoena Duces Tecum. This form is used when asking for someone to bring documents needed in a particular case, to a certain location at a certain time. This form may be used in all states.

Definition and meaning

A Subpoena Duces Tecum is a type of legal document that orders an individual or organization to produce specific documents, records, or evidence for a court case. This subpoena is commonly issued during legal proceedings to ensure that relevant information is accessible to the parties involved. Unlike a standard subpoena that may only require a person to testify, a subpoena duces tecum specifically focuses on the production of tangible evidence.

Who should use this form

This form is intended for individuals or legal representatives who need to obtain documents for legal proceedings. It may be used by:

  • Attorneys representing clients in civil or criminal cases
  • Parties involved in litigation seeking evidence from the opposing side
  • Witnesses or organizations involved in a case that possess pertinent information

Anyone who requires documents to support their position in a legal matter should consider using a subpoena duces tecum.

How to complete a form

To properly complete a Subpoena Duces Tecum, follow these steps:

  1. Identify the Court: Indicate the appropriate court where the case is being heard.
  2. Fill in Case Information: Provide the names of the plaintiff and defendant, as well as the case number.
  3. Detail the Recipient: Clearly name the individual or organization being summoned.
  4. Specify the Documents: List the specific documents or materials required from the recipient.
  5. Sign and Date: Ensure the form is signed by the issuing party and dated appropriately.

After completing the form, it must be served to the individual or organization named in the subpoena.

Legal use and context

A Subpoena Duces Tecum is often employed in various legal contexts, including:

  • Civil litigation for discovery purposes, allowing parties to gather evidence prior to trial.
  • Criminal proceedings where prosecutors may require evidence from third parties.
  • Administrative hearings involving government agencies.

This legal tool plays an essential role in ensuring that justice is served by compelling the production of evidence necessary to make informed decisions in cases.

Common mistakes to avoid when using this form

When utilizing a Subpoena Duces Tecum, individuals should be mindful of potential errors, including:

  • Failing to serve the subpoena correctly according to local laws.
  • Inadequate detail in the description of the documents required.
  • Not providing proper notice to involved parties, which could lead to objections.
  • Missing signatures or dates that could invalidate the document.

Avoiding these pitfalls can ensure the subpoena is effective and enforceable.

Key components of the form

A Subpoena Duces Tecum typically includes several critical elements:

  • The title and designation of the court
  • The names of the parties involved in the case
  • The case number assigned by the court
  • The name of the person or organization being summoned
  • A detailed description of the documents and evidence required
  • The date, time, and place for compliance

These components work together to create a clear and enforceable legal order.

Free preview
  • Preview Subpoena Duces Tecum
  • Preview Subpoena Duces Tecum

How to fill out Subpoena Duces Tecum?

Aren't you sick and tired of choosing from numerous samples every time you need to create a Subpoena Duces Tecum? US Legal Forms eliminates the lost time millions of Americans spend browsing the internet for perfect tax and legal forms. Our professional crew of attorneys is constantly updating the state-specific Templates collection, so it always provides the proper documents for your situation.

If you’re a US Legal Forms subscriber, simply log in to your account and then click the Download button. After that, the form are available in the My Forms tab.

Users who don't have a subscription need to complete easy steps before having the capability to download their Subpoena Duces Tecum:

  1. Utilize the Preview function and look at the form description (if available) to ensure that it is the best document for what you are looking for.
  2. Pay attention to the applicability of the sample, meaning make sure it's the correct example for your state and situation.
  3. Make use of the Search field on top of the page if you have to look for another document.
  4. Click Buy Now and choose a preferred pricing plan.
  5. Create an account and pay for the services using a credit card or a PayPal.
  6. Get your document in a needed format to complete, print, and sign the document.

After you’ve followed the step-by-step guidelines above, you'll always be able to sign in and download whatever file you want for whatever state you want it in. With US Legal Forms, finishing Subpoena Duces Tecum samples or any other legal files is easy. Get going now, and don't forget to examine your samples with accredited lawyers!

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.

Trusted and secure by over 3 million people of the world’s leading companies

Subpoena Duces Tecum