Civil Trial Subpoena Duces Tecum
What is this form?
The Civil Trial Subpoena Duces Tecum is a legal document used in personal injury cases. It orders a witness to produce specific documents, records, or evidence that may be pertinent to the case. This form is distinct from other types of subpoenas, as it specifically requires the provision of documents rather than merely requesting a person's testimony.
What’s included in this form
- Identification of the court issuing the subpoena.
- Details of the witness being compelled to produce documents.
- Specific documents or records requested for submission.
- Dates relevant to the required records.
- Certification of service by the process server.
Common use cases
This form should be used when you need to obtain documents from a witness in a civil trial, particularly in a personal injury case. It is essential when evidence is not readily available and must be legally compelled from an individual or organization for presentation in court.
Who needs this form
- Attorneys representing clients in personal injury cases.
- Individuals involved in civil litigation seeking evidence.
- Process servers tasked with delivering legal documents.
Completing this form step by step
- Identify the court and enter the name of the jurisdiction.
- Provide the name and address of the witness from whom documents are requested.
- Clearly specify the documents or records that are required.
- Fill in the relevant dates for the documents requested.
- Ensure that the process server signs and certifies service of the subpoena.
Does this document require notarization?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Mistakes to watch out for
- Failing to include the correct court information.
- Not specifying the documents clearly, leading to confusion.
- Missing the signature of the process server certifying service.
- Using outdated dates or entering incorrect time frames for the records.
Why complete this form online
- Immediate access to legal form templates drafted by licensed attorneys.
- Editable formats that allow customization to fit specific needs.
- Convenient downloading and printing options for easy distribution.
- Access to a wide range of legal forms beyond just subpoenas.
Form popularity
FAQ
(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure.
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.
You cannot ignore a Subpoena. A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt.Subpoenas are used in both criminal and civil cases.
Once a subpoena duces tecum is issued, the witness does not deliver the documents to the attorney that requested them. Rather, the documents and/or evidence are sent to the superior court judge presiding over the case. The judge then reviews them and decides if the defense or the prosecutor is entitled to them.
In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law.In some cases, a non-lawyer may issue a subpoena if acting on his or her own behalf (known as pro se representation).
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.
Whether you've received a subpoena to appear as a witness or a subpoena duces tecum, it's never a good idea to simply ignore the subpoena. If you ignore a subpoena, a judge could hold you in criminal contempt and punish you accordingly.The judge can impose fines or order the person jailed for up to six months.
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.