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. Oftentimes, compliance can be achieved by mailing, or sending records via e-mail, or providing the records at a specified date without an in-person appearance if arranged in advance.
What are the types of subpoena?
In this jurisdiction, there are two (2) kinds of subpoena, to wit: subpoena ad testificandum and subpoena duces tecum. The first is used to compel a person to testify, while the second is used to compel the production of books, records, things or documents therein specified.
Does a subpoena mean I’m in trouble?
Criminal contempt occurs when the court is seeking to punish the wrongdoer. However, it is important to realize that receiving a subpoena does not necessarily mean that a person is “in trouble.” It simply means that his or her presence or information at his or her disposal is needed in a case.
Should I worry about a subpoena?
Do not ignore a subpoena since your failure to appear could place you in contempt of court. The subpoena should contain the name, address and telephone number of the lawyer who issued it. Read it carefully. If it requires documents, you must search your records to see if you have them.
How to bring papers to a subpoena hearing?
If you also want the witness to bring papers to the hearing (or trial), use a blank Civil Subpoena (Duces Tecum) (Form SUBP-002) instead. The clerk will give it back to you with a signature and a court seal. 2. Fill out the Subpoena.
How can I subpoena a document in California?
For example, the California Courts’ website provides a fillable .pdf of its subpoena duces tecum. An example can be found here. Complete the form. Fill in the general information. Keep in mind that the court clerk can give you minimal assistance, but he or she will not be able to give you any legal advice.
What’s the first step to subpoena a document?
The first step is to hire an attorney to help you navigate the laws in your state and county. A subpoena duces tecum, the term for a subpoena of documents, requires that a witness produce a document relevant to your case.
What do I need to subpoena phone records?
For example, if you want a record of your incoming and outgoing telephone calls from your phone company, you will want to know the name of the person in charge of the records department at that company. In some cases, you might be able to get the documents without going through the subpoena process if you simply request the documents you need.
