Wisconsin Third Party Subpoena Duces Tecum
Overview of this form
The Wisconsin Third Party Subpoena Duces Tecum is a legal document that commands a third party to produce specific documents or evidence related to a case. Unlike other subpoenas, this type specifically focuses on the production of documents, electronically stored information, or tangible items. It is commonly used during discovery proceedings to obtain critical information that may not be available from the parties involved in the litigation.
Key parts of this document
- Case caption: Identifies the parties involved and the case number.
- Witness information: Details of the person from whom documents are being requested.
- Service information: Records how and when the subpoena was served.
- Itemized list: Specifies the documents or materials required for inspection and copying.
- Issuing officer details: Information about the individual authorizing the subpoena.
- Warning of consequences: Advises the recipient of potential penalties for non-compliance.
Common use cases
This form should be used when a party to a legal action requires documents or evidence from a third party for use in a court case. It is especially relevant during the discovery phase to gather information pertinent to the case before trial.
Intended users of this form
- Attorneys representing a party in a legal action.
- Clients seeking to obtain documents from a third party.
- Parties involved in civil litigation who need specific evidence from non-parties.
Instructions for completing this form
- Fill in the case caption and case number at the top of the form.
- Provide the name and address of the witness from whom documents are requested.
- Record the date, time, and manner of service.
- List detailed descriptions of the documents or items being requested.
- Include the name and contact information of the issuing officer.
- Ensure all fields are accurate before finalizing the form.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Common mistakes
- Failing to provide proper notice to all parties.
- Inaccurate or incomplete descriptions of the requested documents.
- Not serving the subpoena within the required timeframe.
Why complete this form online
- Convenience of filling out the form from any location.
- Editability allows users to customize the form as needed.
- Access to reliable templates drafted by licensed attorneys ensures compliance with local laws.
Legal use & context
- Subpoenas can be enforced in a court of law and are an important aspect of legal discovery.
- Failure to comply with a subpoena may result in legal penalties, including contempt of court.
Summary of main points
- The Wisconsin Third Party Subpoena Duces Tecum is used to compel document production from non-parties.
- Proper notice must be given to all involved parties before serving the subpoena.
- Accurate completion of the form is essential for its enforceability in a court setting.
Form popularity
FAQ
The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)
Consider Engaging an Attorney. Businesses: Notify Anyone Else of Importance. Identify all individuals who have responsive documents. Instruct individuals on how to search for and collect documents. Comply with the subpoena and provide the requested documents. Object to the subpoena. Move to quash the subpoena.
Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.
(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.
The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
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.