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However, a witness may be compelled to appear at the trial itself through a subpoena, and may be required to bring documents through a subpoena duces tecum. The party seeking to subpoena a witness must file a request for subpoena at least 15 days before trial, or else they will have to show "good cause" for why a subpoena should issue.
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be served personally.
An attorney may also issue a subpoena duces tecum. Where a witness to a case is about to leave the jurisdiction, a deposition of that witness may be taken within 21 days of filing a case; otherwise, a court order would be required to take early depositions.
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 Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena. The Clause is generally interpreted as letting defendants present their own case at trial, though several specific limitations have been placed by the ...
NORFOLK — A Norfolk man was sentenced Friday to eight years in prison for fatally shooting his girlfriend and her mother during a March 2021 dispute in a Huntersville area parking lot. The ...
Bannon served a 4-month prison sentence earlier this year after being convicted in 2022 for contempt of Congress for defying a subpoena from the House committee that investigated the Capitol ...
Duchess of Sussex Meghan Markle might get deposed as a witness for the accuser in the Prince Andrew sex abuse case. David Boies, an attorney who is representing Virginia Giuffre in her civil case ...
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