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West Virginia Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (Rev. 12/13)

State:
West Virginia
Control #:
WV-SKU-0134
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PDF
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Description

Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (Rev. 12/13)

A West Virginia Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (Rev. 12/13) is a document issued by a court or other authorized entity to require an individual or entity to appear in court and testify in a civil case. This type of subpoena is used to compel a witness to appear and testify before a court or a court-appointed officer or tribunal. There are two types of West Virginia Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (Rev. 12/13): a Subpoena Ducks Cecum and a Subpoena Ad Testificandum. The Subpoena Ducks Cecum is directed to a witness to bring evidence before the court or tribunal, such as documents, records, or other physical items. The Subpoena Ad Testificandum is directed to a witness to appear and testify before the court or tribunal. Both types of subpoenas must include the name of the witness, the date and time of the hearing or trial, and other pertinent information about the case.

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FAQ

A subpoena directed to another city or county in Virginia is mailed by the clerk's office to the sheriff or serving officer of that jurisdiction.

Every such subpoena and subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by any person over eighteen years of age or by registered or certified mail, but a return acknowledgment signed by the person to whom the subpoena or subpoena duces tecum is

Subpoenas may be used in criminal or civil litigation as well as in administrative proceedings.

A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.

Code § 16.1-131. Note date of filing the request and the issuance of the subpoenas duces tecum. Rule 7A:12(b) of the Rules of Supreme Court provides that requests for subpoenas duces tecum should be filed at least fifteen days prior to trial.

Note date of filing the request and the issuance of the subpoenas duces tecum. Rule 7A:12(b) of the Rules of Supreme Court provides that requests for subpoenas duces tecum should be filed at least fifteen days prior to trial.

Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.

A summons shall express on whose behalf, and in what case or about what matter, the witness is to attend. Failure to respond to any such summons shall be punishable by the court in which the proceeding is pending as for contempt.

More info

Contains fields to complete on-line (print out for filing). Either party in a case may apply for a subpoena for records up to 48 hours before the scheduled trial date.Describe any items you are requesting the witness to bring to Court, such as relevant documents or other items. 15. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Refer to your Notice of Hearing and the court's. AO 38A (Rev. (I) Answers to interrogatories appearing in Superior Court Civil Rule Form 30;. Evidentiary proceedings, including bench trials will continue on Zoom. (3) Failure of Defendant to Appear After Summons.

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West Virginia Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (Rev. 12/13)