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The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology. The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally.
The summons may be enforced by a court order, [5] and the law provides a criminal penalty of up to one year in prison or a fine, or both, for failure to obey the summons, [6] except that the person summoned may, to the extent applicable, assert a privilege against self incrimination or other evidentiary privileges, if applicable.
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.
In the common law legal systems, capias ad respondendum (Latin: "that you may capture [him] in order for him to reply") is or was a writ issued by a court to the sheriff of a particular county to bring the defendant, having failed to appear, to answer a civil action against him.
Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. Historically, civil defendants could be taken into custody under a writ of capias ad respondendum. Modern-day civil defendants are usually able to avoid most (if not all) court appearances if represented by a lawyer.
A subpoena (/ s ə ˈ p iː. n ə /; [1] also subpœna, supenna or subpena [2]) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
The examples and perspective in this article ... Once the defendants are served with the summons and ... An answer from the defendant in response to the claims made ...
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
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