This form is a sample subpoena seeking documents, served upon a non-party to the action.
Oregon Subpoena for Documents to a Nonparty
State:
Multi-State
Control #:
US-PI-0315
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Subpoena For Documents To A Nonparty?
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FAQ
A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
Do not ignore the subpoena. For many subpoenas, if you do not make objections within 7 to 14 days of receipt of the subpoena, you forever waive the right to object to all or any portion of the subpoena. Therefore, when you receive a subpoena, get in touch with your attorney right away.
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.
A subpoena must be delivered in person. In most cases this can be done by one of the parties in the case or by anyone who is at least 18 years old. If you are not one of the parties in the case, you should receive an attendance fee and transportation costs for appearing at the designated time and place.
The court may quash or modify the subpoena if the subpoena is unreasonable and oppressive or may require that the party who served the subpoena pay the reasonable costs of production.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
In federal court, third-party subpoenas are governed by Rule 45 of the Federal Rules of Civil Procedure. If a subpoena commands your client to appear for a discovery deposition, your defenses are limited to moving to quash under Rule 45(d)(3) or moving for a protective order under Rule 26(c).