Federal District Court form commanding appearance and testimony in United States District Court.
Federal District Court form commanding appearance and testimony in United States District Court.
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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 subpoena shall state the name of the court, the name of the clerk, and the title of the proceeding and shall command each person to whom it is directed to attend and give testimony or produce evidence at a time and place specified by the subpoena.
A person may object to a subpoena and ask that it be quashed by a judge. A "motion to quash" is a request that a judge nullify or cancel the subpoena. Typically OLA will negotiate with the attorney who issued the subpoena if it is unduly burdensome or otherwise objectionable.
A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.
A subpoena shall state the name of the court, the name of the clerk, and the title of the proceeding and shall command each person to whom it is directed to attend and give testimony or produce evidence at a time and place specified by the subpoena.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
Civil Subpoena for Personal Appearance at Trial or Hearing (SUBP-001) Orders a person who is not a party to a case to appear and testify at a trial or court hearing.
The subpoena is unreasonable or oppressive; 2. the testimony, documents, or objects sought are irrelevant, immaterial, or cumulative; 3.