Washington Subpoena Duces Tecum

State:
Multi-State
Control #:
US-00861
Format:
Word; 
Rich Text
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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.
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FAQ

Ii. 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.

Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ.

(1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

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).

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.

The rule is clear: Federal Rule of Civil Procedure 45 limits trial subpoena power to non-party witnesses located within a 100-mile radius of their courts.

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Washington Subpoena Duces Tecum