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JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.
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.
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.
The subpoena duces tecum can benefit either prosecutors or the defendant. For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
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 is a legal document that ?orders? someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side's lawyer and yourself. Effectively reading the deposition subpoena is the first step in preparing for your deposition.
Can you refuse to answer a question in a deposition? In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered that the information cannot be revealed (source).
In the state of Washington, a subpoena or subpoena duces tecum accompanies a Notice of Deposition, which is written notice to all parties in a lawsuit that one party intends to take a deposition. A deposition is oral or written testimony given by a witness in advance of a trial or hearing.