This form is a sample subpoena duces tecum for use in a personal injury case.
Vermont Civil Trial Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0046
Format:
Word;
Rich Text
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How to fill out Civil Trial Subpoena Duces Tecum?
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FAQ
There are two types of subpoena - the 'subpoena duces tecum' which means that the court requires you to provide certain, specified documents, or a 'subpoena ad testificandum' which requires you to attend court to give evidence.
Section 1985 - Subpoenas or subpoenas duces tecum (a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Complying with the subpoena duces tecum means you must produce every document requested that is under your control. If any of the documents aren't in your possession, then you or your attorney must submit (and have granted) a motion to modify the scope of the subpoena before the set date.
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.
Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002) Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing.