Wisconsin Third Party Subpoena Duces Tecum

State:
Wisconsin
Control #:
WI-01930BG
Format:
Word; 
Rich Text
Instant download

Description

Notice of a 3rd-party subpoena issued for discovery purposes must be provided to all parties at least ten (10) days before the scheduled deposition in order to preserve their right to object. If a third party subpoena seeks documents or things in the scope of permissible discovery, those items should not be produced prior to the time specified in the subpoena unless the parties agree otherwise. WI Stat. 805.07(2)(b).


Subpoenas may be issued by the clerk of court and delivered to any party requesting the subpoena for service. Alternatively, subpoenas may be issued and signed by an attorney of record in the action. WI Stat. 805.07(1).


Subpoenas may also be used to command production of designated books, papers, documents or tangible things. WI Stat. 805.07(2)(a).

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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.

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Wisconsin Third Party Subpoena Duces Tecum