This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
Queens New York Notice to Take Deposition Subpoena Duces Tecum
State:
Multi-State
County:
Queens
Control #:
US-PI-0041
Format:
Word;
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How to fill out Notice To Take Deposition Subpoena Duces Tecum?
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FAQ
(d) Subpoenas by attorneys. An attorney appearing for a party may issue subpoenas or subpoenas duces tecum returnable at a hearing before an administrative law judge.
There are three different types of depositions: depositions upon written interrogatories, depositions upon oral examination, and depositions from video-recorded statements.
6) A copy of a Subpoena for Records (Duces Tecum) must also be served either 'in hand' or by mail on each party who has appeared in the action so that it is received by them promptly after service on the witness.
If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.
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.
Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.
There are two types of Subpoenas: A Subpoena requiring a witness to attend court is called a Witness Subpoena.A Subpoena requiring someone to bring documents only to Court (no testimony from that person is needed, only the documents are needed) is called a Subpoena for the Production of Documents.
One recent change under NY law now permits a subpoena for a Party (or a person under the Party's control) to be subpoenaed by serving the Subpoena on the Party's Attorney rather than having to serve it on the actual witness. § 2303-a. Service of a trial subpoena.
Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to
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.