Federal District Court form commanding appearance and testimony in United States District Court.
South Dakota Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
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US-AO-88
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How to fill out Subpoena To Appear And Testify At A Hearing Or Trial In A Civil Action?
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FAQ
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.
Federal Rule of Civil Procedure 45 does not provide a minimum time that a person has to respond to a subpoena. Largely, the timeframe is up to the issuing party. However, 30 days is generally seen as a reasonable amount of time.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v.
Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ.
Rule 45(c)(3) provides a non-party, subpoenaed to appear at trial more than fifty miles from the place of service, the opportunity to move to quash the subpoena unless a special showing of need is made and reasonable compensation is provided to the witness.
Rule 45(d)(1), as revised, makes clear that the subpoena authorizes inspection and copying of the materials produced. The deponent is afforded full protection since he can object, thereby forcing the party serving the subpoena to obtain a court order if he wishes to inspect and copy.
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
A Witness Subpoena is a court order requiring a person to appear in court on a certain date and testify as a witness, usually in a trial.