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A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [2] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
A citation, traffic violation ticket, or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcement official, compelling the appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction, misdemeanor, or other summary offence.
An appearance may occur when a party physically appears in a court proceeding, or through the filing of a written document with the court. Failure to appear in a timely manner may result in the entry of a default against the non-appearing party. By default, a party's appearance in a court proceeding is unconditional.
Rudy Giuliani has been ordered to appear in court after missing a deadline to turn over assets. The judge originally scheduled a status conference by phone for Thursday, but changed it to in-person.
A writ of praemunire instructs a sheriff to order someone to appear in court to answer for several different crimes. A writ of scire facias revives a dormant judgment. A writ of supersedeas contains a command to stay the proceedings at law. [74] A writ of venire facias summons jurors to appear in court. [75]
A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England.
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