A Nevada Civil Subpoena (Ducks Cecum) is a court order that requires a person or entity to appear in court and produce documents or other items relevant to a case. It is issued by the court and served on the person or entity being subpoenaed. There are two types of Nevada Civil Subpoena (Ducks Cecum): an Order to Appear for Testimony and an Order to Produce Documents. An Order to Appear for Testimony requires the person or entity to appear in court to testify. An Order to Produce Documents requires the person or entity to produce documents or other items relevant to the case. In either case, the party being subpoenaed must comply with the order or face legal repercussions.
Nevada Civil Subpoena (Duces Tecum)
State:
Nevada
Control #:
NV-SKU-0199
Format:
PDF
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Civil Subpoena (Duces Tecum)
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FAQ
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.
Rule 45(a)(1) authorizes the issuance of a subpoena to compel a nonparty to produce evidence independent of any deposition or permit inspection of premises within the nonparty's possession.
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.
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.
Rule 35 - Physical and Mental Examinations (a)Order for Examination (1)In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
A subpoena must be issued by the clerk under the seal of the court. It must state the name of the court and the title, if any, of the proceeding, and must command each person to whom it is directed to attend and give testimony at the time and place specified therein.
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.
Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.
More info
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. Complete the Application and the Subpoena Duces.Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action. Download Form (pdf, 758. If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. When a subpoena asks for documents or other items, the subpoena is called a "subpoena duces tecum. (3) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. Total. RETURN OF SERVICE. The clerk of the court in which the case is docketed must issue a subpoena, signed but otherwise in blank, to a party who requests it. Total. RETURN OF SERVICE.