Nebraska Discovery — Sample Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Law Firm] [Address] [City, State, ZIP] Re: Deposition and Subpoena Ducks Cecum Dear [Opposing Counsel's Name], I hope this letter finds you well. I am writing to inform you of my intent to conduct a deposition and issue a subpoena duces tecum in the ongoing litigation between our respective clients, [Plaintiff's Name] and [Defendant's Name]. This letter aims to outline the details and requirements for proper execution of these discovery tools in compliance with Nebraska laws and regulations. 1. Deposition: As part of the discovery process, we would like to schedule a deposition with [Witness's Name] to obtain their testimony under oath. This deposition is crucial to uncovering relevant facts and clarifying issues pertinent to the case. According to Nebraska law, a deposition may be taken upon oral examination of any person, including a party, who has knowledge of discoverable information. The deposition will take place at [Location], on [Date] at [Time]. Our office would like to propose [Name of Court Reporter] as the certified court reporter to transcribe the proceedings. Please confirm your agreement with the proposed deposition date and location and provide the name of the attorney who will represent your client at the deposition. 2. Subpoena Ducks Cecum: To further support our client's position, we hereby issue a subpoena duces tecum to request the production of specific documents and materials relevant to the case. These documents include, but are not limited to: — [List of specific documents— - [List of specific materials] The subpoena requests that the documents and materials be produced on or before [Date]. As per Nebraska law, this can be done by either delivering the documents to my office or making them available for inspection and copying at a mutually agreed-upon location. Please confirm your acceptance of the subpoena and provide any objections or limitations within the designated time frame. In both instances, please be mindful of your obligations under the Nebraska Discovery Rules. This includes promptly informing your client of the scheduled deposition, as well as providing all requested documents and materials in an organized and discoverable format. We trust that you will cooperate fully in facilitating these essential discovery processes. If you have any concerns, objections, or need clarification on any matter related to this letter, please do not hesitate to contact me at your earliest convenience. We also welcome an open discussion regarding potential modifications to the proposed deposition and subpoena schedules. Thank you for your attention to this matter, and we look forward to your prompt response. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm Name]
Nebraska Discovery - Sample Letter to Opposing Counsel regarding Deposition and Subpoena Duces Tecum
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FAQ
This notice is also referred to as a Duces Tecum in some jurisdictions. Whatever the nomenclature, the notice requests pertinent documents that allow the opposing lawyer to follow up on questions with the produced documents. It is a very valuable pleading in many civil litigation cases.
After the deposition, the court reporter prepares a written transcript and sends copies to the parties. The lawyers review the transcript for any inconsistencies or mistakes. The written transcript can potentially be used at trial.
(A) A person served with a subpoena pursuant to this rule shall permit inspection, copying, testing, or sampling either where the documents or tangible things are regularly kept or at some other reasonable place designated by that person.
(1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of the Nebraska Evidence Rules. The officer before whom the deposition is to be taken shall put the witness under oath and, if an interpreter is used, also put the interpreter under oath.
If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance.
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
