Hillsborough Florida Notice to Take Deposition Subpoena Duces Tecum

State:
Multi-State
County:
Hillsborough
Control #:
US-PI-0041
Format:
Word; 
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Description

This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
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How to fill out Notice To Take Deposition Subpoena Duces Tecum?

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FAQ

The most appropriate response to a subpoena is to comply with its requirements, unless you have valid legal grounds to contest it. This may involve consulting with your attorney to discuss any potential implications of compliance. Always ensure that your response is timely and follows the guidelines outlined in a Hillsborough Florida Notice to Take Deposition Subpoena Duces Tecum, as this can significantly impact your case.

Primary tabs. A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).

There aren't too many options if you have been subpoenaed to a deposition. If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.

There is no set time limit for depositions, but Rule 1.310(b)(3) provides that the court may expand or shorten the time allowed for taking a deposition for cause. Experts may not be subject to interrogatories in Florida as they may only be served on parties.

A deposition by oral examination or written questions and a subpoena duces tecum require fourteen days' written notice.

Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.

Subpoena Duces Tecum Without Deposition: Overview Counsel must use a subpoena duces tecum to compel a nonparty witness to produce documents without also requiring the nonparty to appear for a deposition (Fla. R. Civ. P. 1.410(e)).

In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) § 2025.270(a), § 1013).

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.

A subpoena duces tecum is used to produce a document or piece of evidence. It summons the recipient to either 1) deliver the requested documents or evidence to be used in an upcoming hearing or trial, or 2) appear in person at the courthouse to present such evidence.

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Hillsborough Florida Notice to Take Deposition Subpoena Duces Tecum