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In this lesson, you will learn what a subpoena and a subpoena duces tecum are used for. You will also learn the process of getting a subpoena approved and served, and also how to allow the other party the opportunity to object. Finally, you will learn who should get a copy and who gets the original subpoena during litigation.
Types of Subpoenas
- SUBPOENA – An order to appear for a deposition or in court to testify.
- SUBPOENA DUCES TECUM – A subpoena duces tecum requires the witness to produce certain documents at the deposition.
Remember
- After writing the subpoena, have the court clerk stamp it.
- File a notice of intent to serve the subpoena before actually serving the subpoena in order to give the other party time to object to it.
Transcript
Subpoenas are a necessary part of the discovery process.
A subpoena is an order to a person or a company to appear at a deposition or in court to testify.
A subpoena duces tecum is a subpoena for production of documents.
It requires the witness to produce specific documents, a list of documents.
Now after drafting your subpoena, you want to have the court clerk stamp it. That\’s a so-called ministerial function. That means as long as your subpoena is in the proper form, the court clerk must stamp it.
You will file a notice of serving the subpoena in the record of your case to give the other party\’s time to object to it, usually about ten days. You want to file that notice of serving subpoena before you actually serve the subpoena, again, to give the other parties time to object to it. If there is an objection, you must schedule a hearing to have the court overrule that objection.
But if there\’s no objection, you\’ll make a copy of the subpoena for the witness, and you keep the original.
Serve a copy of the subpoena on the witness.