This form is a sample subpoena seeking documents, served upon a non-party to the action.
Delaware Subpoena for Documents to a Nonparty
State:
Multi-State
Control #:
US-PI-0315
Format:
Word;
Rich Text
Instant download
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How to fill out Subpoena For Documents To A Nonparty?
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FAQ
In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.
Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.
Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.
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 subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.
A nonparty may be required to produce documents at his or her deposition. The client is not involved in the production of documents. Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.
(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. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person.
Federal Rule of Civil Procedure 45 does not provide a minimum time that a person has to respond to a subpoena. Largely, the timeframe is up to the issuing party. However, 30 days is generally seen as a reasonable amount of time.
A party may use a Rule 45 subpoena to compel remote testimony by a witness from anywhere so long as the place of compliance (where the testimony will be given by the witness and not where the trial will take place) is within the geographic limitations of Rule 45(c).
A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.