Federal District Court form commanding appearance and testimony in United States District Court.
West Virginia 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 may be served at any place within West Virginia. However, a subpoena may only command a deponent to attend a deposition: In the county where the deponent: ? resides; ? works; or ? does business in person. At another convenient place that the court sets.
The court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is ...
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.
The attendance fee for Federal subpoenas is governed by and described in 28 USC 1821. Witness fees are $40.00 per day and $. 65½ per mile, round trip from the witness' residence to where they must appear. The subpoena must accompany the attendance fee, otherwise the service is invalid.
Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
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.
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 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.