Missouri Subpoena Ducks Cecum is a legal term referring to a specific type of subpoena commonly used in Missouri court proceedings. "Subpoena Ducks Cecum" is a Latin phrase meaning "bring with you under penalty of punishment." A Missouri Subpoena Ducks Cecum is issued by a court or an attorney in a legal case, requiring an individual or organization to produce specific documents, records, or other tangible evidence relevant to the case. This type of subpoena is often used to obtain evidence that is in the possession of a third party, such as banks, medical facilities, employers, or government agencies. When serving a Missouri Subpoena Ducks Cecum, the recipient is legally obliged to produce the requested documents or materials at a designated location and time. Failure to comply with the subpoena can result in legal consequences, including fines or even contempt of court charges. Different types of Missouri Subpoena Ducks Cecum may exist depending on the specific nature of the case: 1. Civil Case Subpoena Ducks Cecum: This type of subpoena is used in civil lawsuits to request documents or evidence from parties involved or third parties. It can be used to request financial records, contracts, emails, medical records, or any other relevant documentation. 2. Criminal Case Subpoena Ducks Cecum: In criminal cases, this subpoena is often issued to obtain evidence such as surveillance tapes, phone records, or other documents that may be crucial for the defense or prosecution of the case. 3. Administrative Subpoena Ducks Cecum: This subpoena is specific to administrative proceedings, where government agencies or regulatory bodies may issue subpoenas to gather information or evidence related to investigations or disciplinary actions. 4. Grand Jury Subpoena Ducks Cecum: In grand jury proceedings, this type of subpoena is used to compel witnesses or individuals to produce documents or evidence that may aid the grand jury in its investigation. It is important to note that the specific content and requirements of a Missouri Subpoena Ducks Cecum may vary depending on the specific case and court jurisdiction. Legal advice should always be sought to ensure compliance with the relevant laws and procedures.
Missouri Subpoena Duces Tecum
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57.05. (a) In Missouri. Within the State of Missouri, depositions shall be taken before an officer authorized by the laws of this State to administer oaths, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.
In some circumstances, the individual subpoenaed may challenge the subpoena by filing either a Motion to Quash or Modify. A subpoena can be quashed if it is ?unreasonable or oppressive.? It can be modified to make compliance more reasonable. Contact us with questions.
And non-suggestive manner in ance with Rule 57.03(d) of the Missouri Rules of Civil Procedure. An attorney may instruct a deponent not to answer only when necessary to preserve a privilege or to enforce a limitation on evidence directed by the court.
Briefs of Amicus Curiae. (1) A brief may be filed by amicus curiae in cases before the Court on the merits. The brief shall be filed only with the consent of all parties or upon order of the Court.
Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts.
Missouri Rule of Civil Procedure 74.05(d) states that in order to have a default judgment set aside, a party must state facts ?constituting a meritorious defense? and show ?good cause.? The court in Bryant reminds us that there is an initial pleading requirement as well.
The service of a subpoena to testify shall be by reading the same or delivering a copy thereof to the person to be summoned; provided, that in all cases where the witness shall refuse to hear such subpoena read or to receive a copy thereof, the offer of the officer or other person to read the same or to deliver a copy ...
One purpose of Rule 57.03(b)(4) is to permit a party to take the deposition of an opposing corporation's representative at a time when the party taking the deposition knows that the statements made by the witness on the identified topics will be admissible against and binding on the corporate party.