Arizona Subpoena in an Adversary Proceeding - B 255

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This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.

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FAQ

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.

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Arizona Subpoena in an Adversary Proceeding - B 255