This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
Virginia Subpoena in a Case Under the Bankruptcy Code - B 256
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US-B-256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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FAQ
Any person failing to comply with any subpoena issued by the Commission or pursuant to its authority is guilty of a Class 2 misdemeanor, and each day during which such violation shall continue shall be deemed a separate offense.
The recipient of the subpoena must receive proper service. Service is a legal term that is defined by court rules and laws passed by the legislature. Generally speaking, a sheriff or private process server can serve either type of subpoena that may be issued.
Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum.
A copy of the signed subpoena duces tecum, together with the attorney's certificate of service pursuant to Rule , shall be mailed or delivered to the adverse party and to the clerk's office of the court in which the case is pending on the day of issuance by the attorney.
If a party designated to be served in § 16.1-263 is without the Commonwealth but can be found or his address is known, or can with reasonable diligence be ascertained, service of summons may be made either by delivering a copy thereof to him personally or by mailing a copy thereof to him by certified mail return ...
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 court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
Whether issued by a court or an attorney, a witness subpoena must be properly served on the recipient at least five days before the witness's appearance is required. Subpoenas duces tecum must be properly served on the recipient at least 14 days before the return date for the items subpoenaed.