Louisiana Subpoena Duces Tecum for Deposition

State:
Louisiana
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LA-SKU-0334
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Description

Subpoena Duces Tecum for Deposition

A Louisiana Subpoena Ducks Cecum for Deposition is a court-issued order that requires a witness to appear at a deposition and produce specific documents or other tangible evidence. It is commonly used in civil cases in the state of Louisiana to compel the production of evidence at a deposition. Depending on the nature of the case, the documents requested under the Subpoena Ducks Cecum could include bank statements, emails, photos, medical records, or any other type of physical evidence that is deemed relevant to the case. There are two main types of Subpoena Ducks Cecum issued in Louisiana: a Subpoena Ducks Cecum for Deposition, which is served to compel the production of documents or other tangible evidence at a deposition, and a Subpoena Ducks Cecum for Trial, which is served to compel the production of documents or other tangible evidence at a trial.

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FAQ

Article 1438 of the Louisiana Code of Civil Procedure outlines the requirements for obtaining a Louisiana Subpoena Duces Tecum for Deposition. This article specifies who can issue a subpoena, how it should be served, and the obligations of the witness. Understanding Article 1438 is crucial for anyone involved in a legal case in Louisiana, as it ensures compliance with the law and protects the rights of all parties involved.

Subpoena ad testificandum is a subpoena commanding the appearance of a witness to give testimony while subpoena duces tecum is a subpoena commanding the production of books, documents, and other things.

Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.

Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.

Rule 9.15 - Subpoenas (a) In cases other than juvenile and family law proceedings, a request for issuance of a subpoena shall be filed with the clerk of court at least ten days before the desired appearance date, unless a different deadline is set by the court in the pre-trial or other order.

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

(1) A health care provider shall disclose records of a patient who is a party to litigation pursuant to a subpoena issued in that litigation, whether for purposes of deposition or for trial and whether issued in a civil, criminal, workers' compensation, or other proceeding, but only if: the health care provider has

The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.

Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.

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Louisiana Subpoena Duces Tecum for Deposition