Maine Subpoena Duces Tecum
Description
How to fill out Subpoena Duces Tecum?
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FAQ
(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.
4 Valid Reasons to Get Out of a Subpoena Avoidance. If you live within the court's area, somebody will eventually serve you a copy of the subpoena in person. ... Objection. If you are subpoenaed to provide documents or other materials, you may object in writing to the subpoena. ... Undue Burden. ... Privileged Information.
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.
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.
A subpoena is a court order telling an individual to appear in court in person and testify. Similarly, a subpoena duces tecum is an order for a witness to bring something to court ? such as documents, a child, or evidence. This is true in both state and federal courts.
(d) Quashing Subpoena. Any person to whom a subpoena has been issued under this rule may object to the subpoena, or may move to quash or modify the subpoena, as set forth in Rule 45 of the Maine Rules of Civil Procedure, and may appear through legal counsel for that purpose.
Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.
