A West Virginia Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (AO 88B) is a legal document issued by a court or by a party to a lawsuit. It requires the recipient to appear in court or produce documents, information, or objects in response to a request for the same. The subpoena may also require the recipient to permit inspection of premises related to a civil action. There are two types of West Virginia Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (AO 88B): the subpoena duces tecum, which requires the recipient to produce documents or other tangible evidence, and the subpoena ad testificandum, which requires the recipient to appear in court to testify as a witness. Both types of subpoena must be served in person by a court clerk or sheriff.
West Virginia Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (AO 88B)
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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
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.
Rule 41 - Search and seizure (a)Authority to issue warrant. - Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person sought is located.
A subpoena may be served at any place within the State. Proof of service when necessary shall be made by filing with the clerk of the court by which the subpoena is issued a statement of the date and manner of service and of the names of the persons served, certified by the person who made the service.
A subpoena may be served at any place within the State. Proof of service when necessary shall be made by filing with the clerk of the court by which the subpoena is issued a statement of the date and manner of service and of the names of the persons served, certified by the person who made the service.
Rule 45 - Subpoena (a)Form; issuance. - (1) Every subpoena shall be in a form which substantially complies with Form 33. Civil Case Subpoena, as set forth in the Appendix of Forms of the Rules of Civil Procedure.