In an Adversary Proceeding — B 255, an Arizona Subpoena plays a crucial role as a legal tool employed in the state of Arizona to gather evidence or information related to a legal case. Subpoenas serve the purpose of compelling witness testimony, the production of documents, or the disclosure of information. Arizona Subpoenas in Adversary Proceedings are issued by the court at the request of one party involved in a lawsuit or contentious legal matter. This legal document legally requires an individual or an entity to appear in court or provide specific documents and evidence relevant to the case. There are different types of Arizona Subpoenas that can be issued in an Adversary Proceeding — B 255, depending on the needs of the case. These include: 1. Subpoena Ducks Cecum: This type of subpoena compels the recipient to produce specific documents, records, or evidence relevant to the case. A subpoena duces tecum is commonly used to obtain medical records, financial statements, contracts, or any other documentation essential to resolving the legal dispute. 2. Subpoena Ad Testificandum: This type of subpoena commands an individual to appear in court and provide testimony as a witness. Usually, subpoenas ad testificandum are issued to individuals who possess information or have witnessed events pertaining to the case in question. Testimony from these witnesses can greatly influence the outcome of the case. Both types of subpoenas must adhere to legal procedures and guidelines established by the court. The party requesting the subpoena must ensure that it is properly served to the intended recipient, allowing sufficient time for compliance. Failure to comply with a subpoena may result in legal consequences such as contempt of court charges or other penalties determined by the judge overseeing the case. In an Adversary Proceeding — B 255, an Arizona Subpoena is a vital tool for obtaining evidence, documents, and testimony necessary to build a strong legal argument. It ensures that all parties involved have an equal opportunity to present their case and facilitates the fair and thorough examination of evidence related to the legal dispute.
Arizona Subpoena in an Adversary Proceeding - B 255
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Unless excused from doing so by the party or attorney serving a subpoena, a court order, or any other provision of Rule 45 or 45.1, a person who is properly served with a deposition subpoena must attend and testify at the date, time, and place specified in the subpoena.
Hear this out loud PauseA subpoena under Rule 45.1(b)(2) must: (A) state the name of the issuing Arizona court; (B) bear the caption and case number of the out-of-state case to which it relates, identifying (before the case number) the foreign jurisdiction and court where the case is pending; (C) accurately incorporate the discovery requested ...
Hear this out loud PauseRule 45(c) of the Arizona Rules of Civil Procedure protects a person subject to a subpoena from undue burden or expense. Rule 45(c) says in part: 1. If the requesting party fails to comply with this requirement, sanctions may include lost earnings and a reasonable attorneys' fee.
Hear this out loud PauseThe motion must be filed before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier. See Rule 45(e)(2)(D) of the Arizona Rules of Civil Procedure. You must send a copy of any motion to quash or modify the subpoena to the party or attorney who served the subpoena.
Hear this out loud PausePersonal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.