Indianapolis Indiana Subpoena Duces Tecum
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How to fill out Indiana Subpoena Duces Tecum?
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FAQ
A subpoena is a formal written order that requires a person to appear before a court, or other legal proceedings (such as a Congressional hearing), and testify, or produce documentation. Attorneys typically request subpoenas, which are issued by the court and served through mail, email, or personal delivery.
A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
Sec. 2. (a) At the request of the state or a defendant, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court of the county in which the hearing or trial is to be held. A subpoena may be served at any place within the state.
A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).
Every subpoena shall: state the name of the court; state the title of the action (without naming more than the first named plaintiffs and defendants in the complaint and the case number); and. command each person to whom it is directed to attend and give testimony at a time and place therein specified.
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(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.
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.
If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.
