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Indiana Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding)

State:
Indiana
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IN-B-2550
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Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding)

An Indiana Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding) is a legal document issued by a court that orders an individual to appear in court as a witness for a hearing or trial in a bankruptcy case or adversary proceeding. The subpoena can be issued by a court or by a party involved in the case, and it must be served upon the individual in order for it to be legally valid. It will often include the date, time, location, and purpose of the hearing or trial, as well as a list of documents or other items that the individual must bring to the court. The subpoena will usually include instructions on how to respond, what happens if the individual fails to appear, and the consequences of failing to comply with the subpoena. There are two types of Indiana Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding): an order to appear and testify, and an order to produce documents or other items.

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FAQ

(a) At the request of the state or a defendant, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court of the county in which the hearing or trial is to be held. A subpoena may be served at any place within the state.

Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.

A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).

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.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.

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 valid subpoena must be issued and signed by a clerk of the court, notary public, or the justice of the peace, and must state the name of the court, state the title of the action, and be accompanied by a witness fee," she says.

Current through the 2023 Legislative Session. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.

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Indiana Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding)