This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
Broward Florida Notice to Take Deposition Subpoena Duces Tecum
State:
Multi-State
County:
Broward
Control #:
US-PI-0041
Format:
Word;
Rich Text
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How to fill out Notice To Take Deposition Subpoena Duces Tecum?
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FAQ
A subpoena is a legal document requiring someone to testify in court, while a subpoena duces tecum requires the individual to produce documents or evidence. When dealing with legal matters in Broward Florida, understanding the purpose of each type of subpoena is crucial. A Broward Florida Notice to Take Deposition Subpoena Duces Tecum specifically combines both elements, compelling testimony and document production during a deposition.
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 deposition by oral examination or written questions and a subpoena duces tecum require fourteen days' written notice.
The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.
A subpoena duces tecum is used to produce a document or piece of evidence. It summons the recipient to either 1) deliver the requested documents or evidence to be used in an upcoming hearing or trial, or 2) appear in person at the courthouse to present such evidence.
There is no set time limit for depositions, but Rule 1.310(b)(3) provides that the court may expand or shorten the time allowed for taking a deposition for cause. Experts may not be subject to interrogatories in Florida as they may only be served on parties.
Subpoena Duces Tecum Without Deposition: Overview Counsel must use a subpoena duces tecum to compel a nonparty witness to produce documents without also requiring the nonparty to appear for a deposition (Fla. R. Civ. P. 1.410(e)).
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.
In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) § 2025.270(a), § 1013).
There aren't too many options if you have been subpoenaed to a deposition. If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.