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Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
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.
You receive a subpoena for your records. Your best course of action would be to: you must bring them to court at the appointed time. You could release the records if the client consents.
In the state of Washington, a subpoena or subpoena duces tecum accompanies a Notice of Deposition, which is written notice to all parties in a lawsuit that one party intends to take a deposition. A deposition is oral or written testimony given by a witness in advance of a trial or hearing.
Under state and federal civil or criminal procedural laws, subpoenas offer the requesting party a chance to obtain information to help their client's case. Criminal attorneys, for example, often use subpoenas to get witness or lay opinion testimony from a non-party in a criminal case.
The subpoena response process: Notify relevant parties. Issue a legal hold for potentially responsive ESI. Challenge the subpoena if you choose to do so. Collect ESI for review. Review ESI for privilege, confidentiality, and responsiveness. Produce ESI to the issuing party.
Show up. For a subpoena that requires you to provide testimony or a deposition, you simply need to ensure that you show up at the assigned time and place listed in the subpoena. Depending on your situation and the questions you can anticipate being asked, you may want to seek the counsel of your attorney.
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.