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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:
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 ...
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 ...
In 1833, all the county courts in all counties in the territory of Michigan except Wayne were abolished and replaced by one circuit court of the territory of Michigan. [2] In 1836, the state was divided into 3 circuits. The 1850 Michigan Constitution made the office of circuit court judges elected officials and set the term of office to six (6 ...
In Michigan, the Circuit Court is the trial court with the broadest powers in Michigan. In general, the Circuit Court handles all civil cases with claims of more than $25,000 and all felony criminal cases (cases where the accused, if found guilty, could be sent to prison).
The Court held that "The Compulsory Process Clause provides [the defendant] with an effective weapon, but it is a weapon that cannot be used irresponsibly". [14] There are "countervailing public interests" which weigh against an absolute position of applying the Clause; this signaled a major turn since Washington two decades earlier.
The circuit courts hear the more serious criminal cases. In addition, they are the appellate court for cases heard in the district courts. There are 57 circuit courts in the State of Michigan, which have original jurisdiction over all civil suits where the amount contended in the case exceeds $25,000 and all criminal cases involving felonies.
Doe 6, the California Court of Appeals applied the prima facie showing test in the libel context, holding that "[w]here it is clear to the court that discovery of the defendant's identity is necessary to pursue the plaintiff's claim, the court may refuse to quash a third-party subpoena if the plaintiff succeeds in setting forth evidence that a ...
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