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The requirement of an order for the issuance of a subpoena duces tecum is in accordance with U.S.C., Title 28, [former] § 647 (Deposition under dedimus potestatem; subpoena duces tecum). The provisions of paragraph (2) are in accordance with common practice.
The person serving the subpoena should serve a copy of the subpoena on the witness (FRCP 45(b)(1)). The issuing party should retain the original subpoena and not file it with the court unless there is a valid basis for doing so, such as to submit the subpoena as an exhibit to a motion (2000 Advisory Committee Notes to FRCP 5(d)).
Take a blank Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION ( form SUBP-002) to your court clerk's office. The clerk will issue the subpoena. This means the clerk signs and stamps the subpoena before you fill it out.
A subpoena duces tecum must be directed to the person who is in charge of the documents, books, or records you want produced in court. It may take a few phone calls to find out who this is. Be sure you get this information accurately. If you list someone on the subpoena duces tecum who has nothing to do with the documents, you won't get them.
qSUBPOENA qSUBPOENA DUCES TECUM lex et justitia C O M M O N W E A L T H O F K E N T U C K Y C O U R T OF J U S T I E This subpoena was served by delivery of a true ...
Apr 13, 2021 · A subpoena duces tecum can be served upon both parties and non-parties to a civil matter pursuant to Virginia Code § 16.1-89 and Virginia Supreme Court Rule 4:9A. Duces tecum is Latin for “bring with you,” which is exactly what a subpoena duces tecum is requesting of a person or entity. This type of subpoena is an order that requests a ...
Art. 24.02. SUBPOENA DUCES TECUM. If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Art. 24.03.
