Wake North Carolina Notice to Take Deposition Subpoena Duces Tecum

State:
Multi-State
County:
Wake
Control #:
US-PI-0041
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.

Wake North Carolina Notice to Take Deposition Subpoena Ducks Cecum: A Detailed Description and Types A Wake North Carolina Notice to Take Deposition Subpoena Ducks Cecum is a legal document used in the state of North Carolina to request the appearance of a witness and the production of specific documents or evidence in a legal proceeding. It is an essential tool used by attorneys during the discovery phase of a case. The purpose of a Notice to Take Deposition Subpoena Ducks Cecum is to gather testimony and obtain relevant evidence from a witness or a party involved in a lawsuit. Through this document, the party issuing the subpoena can compel the witness to appear at a specific date, time, and location for a deposition. Additionally, the subpoena duces tecum aspect empowers the requesting party to demand the production of specific documents, records, or other tangible items related to the case. The Wake North Carolina Notice to Take Deposition Subpoena Ducks Cecum must contain certain key elements to be legally binding and enforceable. These elements include: 1. Caption: The document should include the name of the court, the case title, and the case number. This information ensures that the subpoena is associated with the correct case. 2. Parties: The names and contact information of all parties, including the issuing attorney, the deponent (witness), and the party requesting the production of documents. 3. Witness Information: The subpoena should provide the full name, address, and phone number of the witness being summoned for the deposition. 4. Deposition Details: It should clearly state the date, time, and location of the deposition. This information ensures that all parties are aware of when and where the deposition will take place. 5. Documents or Items Required: The Notice must specify the specific documents, records, or physical items that the issuing party needs the witness to provide during the deposition. This ensures that the requested evidence is collected and available for review during the legal proceedings. There are different types of Wake North Carolina Notice to Take Deposition Subpoena Ducks Cecum that can be issued, depending on the nature of the case and the information desired. Some of these may include: 1. General Subpoena Ducks Cecum: This type of subpoena requires the witness to bring any relevant documents, records, or tangible items that may be helpful in the case. 2. Medical Records Subpoena Ducks Cecum: In cases involving medical malpractice or personal injury, this specific subpoena is used to request medical records related to the plaintiff's injuries and treatment. 3. Business Records Subpoena Ducks Cecum: Often utilized in business-related disputes, this subpoena seeks to obtain specific financial or operational records from a company or organization. 4. Expert Witness Subpoena Ducks Cecum: When an expert witness is involved, this type of subpoena requests the expert's testimony and any supporting documentation they plan to present during their deposition. Issuing a Wake North Carolina Notice to Take Deposition Subpoena Ducks Cecum is a crucial step in gathering evidence and building a strong case. It allows both the requesting party and the opposing party to obtain the necessary information for presenting their arguments effectively during trial or settlement negotiations.

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How to fill out Wake North Carolina Notice To Take Deposition Subpoena Duces Tecum?

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FAQ

(1) Written notice of such appearance is served by personal delivery, e-mail, or fax at least five court days before the deposition; (2) The party so appearing makes all arrangements and pays all expenses incurred for the appearance.

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."

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.

There are three different types of depositions: depositions upon written interrogatories, depositions upon oral examination, and depositions from video-recorded statements.

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.

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.

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).

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.

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.

(b) The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant.

More info

A subpoena is a legal device to compel a witness to testify or provide documents or other materials for use in a court proceeding. (B) Command to Attend a Deposition—Notice of the Recording Method.If you wish to take the deposition of a party to the case, you will need to prepare a notice of taking of deposition.

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Wake North Carolina Notice to Take Deposition Subpoena Duces Tecum