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The subpoena is a process in the name of the court or a judge, carrying with it a command dignified by the sanction of the law. [33] A subpoena has been called a mandate lawfully issued under the seal of the court by a clerk thereof. [34] In general, the norm is to have the clerk of the court issue the subpoena for an upcoming trial in that ...
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 ...
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 unanimous vote by a Texas House committee successfully subpoenaed a death row inmate scheduled to receive death by lethal injection for the 2002 killing of his 2-year-old daughter.
This spurred a legal conundrum between the state's criminal and civil courts, which ultimately led to the Texas Supreme Court temporarily ruling in Roberson's favor. Roberson, who was sentenced to death in 2003 for killing his 2-year-old daughter, has gained bipartisan support from lawmakers and medical experts who say he was convicted on ...
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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.
This spurred a legal conundrum between the state's criminal and civil courts, which ultimately led to the Texas Supreme Court temporarily ruling in Roberson's favor. Roberson, who was sentenced to death in 2003 for killing his 2-year-old daughter, Nikki Curtis.
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