This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
Salt Lake Utah Notice to Take Deposition Subpoena Duces Tecum
State:
Multi-State
County:
Salt Lake
Control #:
US-PI-0041
Format:
Word;
Rich Text
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Description
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How to fill out Notice To Take Deposition Subpoena Duces Tecum?
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FAQ
Accordingly, you should bear the following in mind when you receive a subpoena: Do not ignore the subpoena.Prepare a proper and timely response to the subpoena.Do not speak to anyone other than your attorney about the subpoena or the underlying lawsuit or investigation.
Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.
There are two types of Subpoenas: A Subpoena requiring a witness to attend court is called a Witness Subpoena.A Subpoena requiring someone to bring documents only to Court (no testimony from that person is needed, only the documents are needed) is called a Subpoena for the Production of Documents.
For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness.
Overview. A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.
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.
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.
Accordingly, you should bear the following in mind when you receive a subpoena: Do not ignore the subpoena.Prepare a proper and timely response to the subpoena.Do not speak to anyone other than your attorney about the subpoena or the underlying lawsuit or investigation.
Primary tabs. 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. Nixon, 418 U.S. 683 (1974).
