This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
Nebraska Notice to Take Deposition Subpoena Duces Tecum
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Multi-State
Control #:
US-PI-0041
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Word;
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How to fill out Notice To Take Deposition Subpoena Duces Tecum?
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FAQ
Ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
25-1226. Subpoena; manner of service; time. (2) A subpoena for a trial must be served at least two days before the day on which the person is commanded to appear and testify.
For example, an attorney representing a spouse in a child custody hearing might issue a subpoena to the other spouse to appear in court to determine joint custody arrangements. Other examples of subpoenas may include requests for: Blood test information. DNA samples.
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.
The subpoena duces tecum can benefit either prosecutors or the defendant. For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
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.
Rule (30)(b)(6) applies to depositions of both party and nonparty corporations. For nonparty deponent corporations, the rule requires that the noticing party issue a subpoena.
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.