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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 some jurisdictions ...
Title II covers commencement of civil suits and includes filing, summons, and service of process. Rule 3 provides that a civil action is commenced by filing a complaint with the court. Rule 4 deals with procedure for issuance of a summons , when the complaint is filed, and for the service of the summons and complaint on the defendants.
Expert witness deposition in a mock trial simulation. The court reporter, who is an officer of the court, administers the oath to the deponent. The person to be deposed (questioned) at a deposition, known as the deponent, is usually notified to appear at the appropriate time and place by means of a subpoena.
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.
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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
A person accused of a crime has certain rights defined by the federal constitution, state constitutions and various statutes, such as the right to be represented by counsel, the right to compulsory process (issue of subpoena ad testificandum and subpoena duces tecum) to secure the attendance of witnesses, gather evidence and the right to a ...
A subpoena requires the person therein named to appear and attend before a court or magistrate at the time and place, to testify as a witness. [37] Under the Uniform Rules of Criminal Procedure, the subpoena must state the name of the court and the title, if any, of the proceeding. It must command each person to whom it is directed to attend ...
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