Delaware Notice of Subpoena
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How to fill out Notice Of Subpoena?
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FAQ
The subpoena is a court order telling you to appear in court at a specific time and place. If you do not obey the order, you can be charged with a crime. The judge decides on the penalty which can include a fine or jail time or both.
A subpoena shall be served by delivering a copy to the person named or to an agent authorized by appointment or by law to receive service for the person named or as permitted by Rule 2-121 (a)(3).
In New South Wales, Notices to Produce are governed by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). A Notice to Produce is a procedure through which a party to proceedings may serve on another party a notice requiring the production of specified documents, or things (such as a computer).
In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
You must serve the subpoena on the person who has the documents, or the head of the agency, or on the attorney who represents the agency. A documents subpoena can be served personally or by mail. It is your responsibility to serve the subpoena at least five (5) workdays prior to the hearing.
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. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person.
Courts have the power to order 'short service', which means they can override the usual time limitations. A court may order 'short service' if it is satisfied that it is in the interests of justice to do so. Any order for short service must be attached to the subpoena.
A notice to produce is used by a party to proceedings to request documents or other items. A reasonable period of time to respond to a notice to produce is 14 days after service of the notice. Unlike a subpoena, a notice to produce does not require conduct money.
If you do not attend court on the appointed date and time, you will be in contempt of court, which is a criminal offence. A warrant of arrest may be issued for you and you may be imprisoned for contempt of court. Therefore, it is in your interests to comply with the subpoena and attend court.