A Delaware Out of State Subpoena In A Civil Case is a legal document issued by the court in Delaware to compel a non-resident person or entity to appear in a Delaware court or produce documents or other tangible evidence relevant to a civil case pending in the Delaware court. The Delaware Out of State Subpoena In A Civil Case may also be used to obtain evidence from a non-party witness. There are three types of Delaware Out of State Subpoena In A Civil Case: Subpoena Ducks Cecum, Subpoena Ad Testificandum, and Subpoena For Production of Documents. The Subpoena Ducks Cecum requires a non-resident person or entity to appear in court to testify and produce documents or other tangible objects relevant to the case. The Subpoena Ad Testificandum requires a non-resident person or entity to appear in court and testify, but does not require the production of documents or tangible evidence. The Subpoena For Production of Documents requires a non-resident person or entity to produce documents or tangible evidence relevant to the case, but does not require the appearance of the non-resident person or entity in court.
Delaware Out of State Subpoena In A Civil Case
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FAQ
A Delaware attorney, as an officer of the Court, may also issue and sign a subpoena. (b) Service. (1) A subpoena may be served by the Sheriff or by any person who is not a party and is not less than 18 years of age.
The Court may order an action dismissed, sua sponte, upon notice of the Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute, or order of the Court, or for any other reason deemed by the Court to be appropriate.
A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing or trial.
To domesticate a subpoena in a case being litigated in any U.S. state other than Delaware (referred to as a ?foreign? state) the request for subpoena together with the required documents and filing fee must be filed in the Prothonotary Office in the county where the discovery is sought to be conducted in Delaware.
A party has standing to move for a protective order with respect to discovery directed at a non-party on the basis of annoyance, embarrassment, oppression, or undue burden or expense that the moving party will bear.
On a motion to compel discovery or for a protective order, the person responding to a subpoena must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the Court nevertheless may order discovery from such sources if the requesting party shows good cause.
On a motion to compel discovery or for a protective order, the person responding to a subpoena must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the Court nevertheless may order discovery from such sources if the requesting party shows good cause.
R. 45(a)(1).) A party, or the attorney responsible for the issuance and service of a subpoena, must take reasonable steps to avoid imposing undue burden or expense on the person subject to the subpoena.