A Louisiana Subpoena Ducks Cecum is a court order issued to a person or entity, requiring them to appear in court and produce documents and/or other tangible items. This type of subpoena is commonly used in civil and criminal cases in the state of Louisiana. There are three types of Louisiana Subpoena Ducks Cecum: an original Subpoena Ducks Cecum, which is issued directly to a party or witness; a Renewal Subpoena Ducks Cecum, which is issued after original Subpoena Ducks Cecum is returned without the requested items; and a Subpoena Ducks Cecum Ad Testificandum, which requires the witness to appear in court to testify and provide the requested items. All of these types of subpoenas must be served in person to the witness or party, and must include a copy of the court order, a description of the items requested, and a time and date for the witness to appear in court.
Louisiana Subpoena Duces Tecum
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FAQ
Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.
Objections to a Subpoena Duces Tecum The objection must be in writing, and it must be served on the party or the attorney designated in the subpoena within ten calendar days of service of the subpoena, or before the time set for compliance if the time is less than ten calendar days after service.
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.
If you are in jail, the District Attorney must file charges within 60 days of your arrest, except that that the District Attorney has 120 days from your arrest to file charges for first or second degree murder, aggravated rape, or aggravated kidnapping.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.
To file a Motion to Quash, send it directly to the judge who is hearing the case. (If you are not sure who that is, contact the clerk of the court where the case is being heard and request information about the name of the judge and the proper address to whom it should be mailed or emailed.)
Fill out and file a Request to Quash the Subpoena. Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.