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The Judicial Subpoena form is a vital legal document commonly used in the court system, particularly in civil cases, to compel an individual or organization to provide testimony or produce documents relevant to a case. This form directs the recipient to appear before the court on a specified date and time, bringing with them certain requested documents or evidence that may be crucial to the proceedings. Within the form, essential details such as the index and calendar numbers, names of the parties involved, and specific instructions for compliance are clearly outlined. Additionally, consequences for failing to comply are set forth, including possible penalties and damages. The form also includes provisions for verifying that the subpoena has been properly served, whether through personal delivery, mail, or affixing the document to a door. Importantly, there are sections that allow for witness stipulations, which can offer some flexibility by excusing a witness from appearing while still requiring their cooperation. Understanding how to accurately fill out and serve this form is essential for legal professionals, as it plays a critical role in gathering evidence and ensuring that necessary parties are available to support or contest claims made in court.
Judicial Subpoena Example
________________________________________
Attorney(s) for
Office and Post Office Address
A copy of this subpoena must accompany all papers or other items delivered to the court.
69 - Subpoena Duces Tecum, Blank Court, with Witness' Stipulation to |
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remain subject to Attorney's call, |
2009 BY |
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www.blumberg.com |
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COURT |
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COUNTY OF |
Index No. |
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Calendar No.
Plaintiff
against
JUDICIAL SUBPOENA
DUCES TECUM
Defendant
The People of the State of New York
TO
GREETING: WE COMMAND YOU, That all business and excuses being laid aside, you and each of you appear and
attend before
at
on theday ofato'clock, in the noon, and at any recessed or adjourned date to give testimony in this action on the part of the
and that you bring with you, and produce at the time and place aforesaid, a certain
now in your custody, and all other deeds, evidences and writings, which you have in your custody or power, concerning the premises.
Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to
the person on whose behalf this subpoena was issued |
for a penalty |
not to exceed fifty dollars and all damages |
sustained by reason of your failure to comply. |
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WITNESS, Honorable |
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one of the |
of said Court, at |
the |
day of |
STATE OF NEW YORK, COUNTY OF |
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ss.: |
The undersigned, being duly sworn, deposes and says; deponent |
is not a party herein, is over 18 years of age and resides at |
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That on |
at |
M., at |
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deponent served the within subpoena on |
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witness therein named, |
INDIVIDUAL
1.
CORPORATION
2.
SUITABLE AGE PERSON
3.
AFFIXING TO DOOR, ETC.
4.
MAILING TO
RESIDENCE
USE WITH 3 OR 4
5A.
MAILING TO
BUSINESS
USE WITH 3 OR 4
5B.
DESCRIPTION
USE WITH
1,2,OR 3
by delivering a true copy to said witness personally; deponent knew the person so served to be the person described in said
subpoena. |
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a |
corporation, by delivering thereat a true copy to |
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personally, deponent knew said corporation so served to be the corporate witness and knew said individual to |
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be |
thereof. |
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by delivering thereat a true copy to |
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a person of suitable |
age and discretion. Said premises is |
within the state. |
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by affixing a true copy to the door of said premises, which is |
actual place of |
usual place of |
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state. Deponent was unable, with due diligence to find witness or a person of suitable age and discretion thereat, having called there
Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a postpaid envelope properly addressed to witness at witness' last known residence, at
and deposited said envelope in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a first class postpaid envelope properly addressed to witness at witness' actual place of business, at
in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "Personal and Confidential" and did not indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or concerned an action against the witness.
Male |
White Skin |
Black Hair |
White Hair |
Under 5' |
Under 100 Lbs. |
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Female |
Black Skin |
Brown Hair |
Balding |
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Yellow Skin |
Blonde Hair |
Mustache |
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Brown Skin |
Gray Hair |
Beard |
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Red Skin |
Red Hair |
Glasses |
Over 65 Yrs. |
Over 6' |
Over 200 Lbs. |
Other identifying features:
At the time of said service, deponent paid (tendered) in advance $ |
the authorized traveling expenses and one day's witness fee. |
Sworn to before me on
Print name beneath signature
LICENSE NO. __________________________
INDEX NO. |
COURT |
COUNTY OF |
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Judicial Subpoena Duces Tecum
LAW OFFICES OF
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Plaintiff |
against |
Attorney(s) for |
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Office and Post Office Address |
Defendant
It is stipulated that the undersigned witness is excused from attending at the time herein provided or at any adjourned date but agrees to remain subject to, and attend
upon, the call of the undersigned attorney.
Dated:__________________ |
________________________________________ |
___________________________________________________________ |
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Witness |
Attorney(s) for |
File Breakdown
| Fact Name | Details |
|---|---|
| Purpose | The Judicial Subpoena Duces Tecum is used to compel an individual or organization to provide documents or evidence in a legal proceeding. |
| Service Requirements | A copy of the subpoena must accompany any papers delivered to the court. Proper service of the subpoena is essential. |
| Noncompliance Consequences | Failure to comply with the subpoena may lead to contempt of court, resulting in fines and liability for damages. |
| Governing Laws | This form is governed by New York Civil Practice Law and Rules (CPLR) §2301. |
Guide to Using Judicial Subpoena
Filling out the Judicial Subpoena form is an important step in ensuring that the relevant parties attend court and provide necessary evidence. Follow these detailed steps to complete the form accurately and effectively.
- At the top of the form, provide the names and addresses of the attorneys for both the plaintiff and defendant.
- Fill in the court name, county, index number, and calendar number where indicated.
- Write the names of the plaintiff and defendant in the appropriate sections of the form.
- Include the date when the subpoena will require the witness to appear in court.
- Specify the exact time of day the witness should attend.
- In the section asking for the witness to produce certain documents, describe what needs to be brought. Be specific about the documents that are pertinent to the case.
- At the bottom of the form, provide your name and signature as the individual issuing the subpoena.
- Verify that all information is correct and legible before you make copies of the completed form. A copy must be delivered to the court alongside any documents.
After completing the form, it will need to be served to the witness properly and in accordance with legal guidelines. Ensure compliance to avoid any penalties.
Get Answers on Judicial Subpoena
What is a Judicial Subpoena?
A Judicial Subpoena, specifically a Subpoena Duces Tecum, is a legal document that orders an individual or entity to produce certain documents, records, or evidence in court. This type of subpoena ensures that relevant materials are available for a court case, which can significantly impact the judicial process.
Who can issue a Judicial Subpoena?
A Judicial Subpoena can be issued by an attorney representing a party in a legal action, or by the court itself. The attorney must be authorized and acting in a capacity that relates to the case at hand, ensuring that the subpoena is both valid and enforceable.
What happens if someone fails to comply with a Judicial Subpoena?
Failure to comply with a Judicial Subpoena may result in serious consequences. The individual or entity that does not respond can be held in contempt of court. This can lead to penalties that include fines, as well as potential damages incurred by the party that issued the subpoena.
How is a Judicial Subpoena served?
Serving a Judicial Subpoena involves delivering a copy of the subpoena to the designated witness. This can be achieved through various methods, including:
- Personal delivery to the individual named in the subpoena.
- Delivering to a person of suitable age at the individual's business or home.
- AFFIXING the subpoena to the door of the premises.
- Mailing a copy to the witness’s last known address.
Each method must comply with specific requirements to ensure the subpoena is considered valid.
What information should a Judicial Subpoena include?
A properly drafted Judicial Subpoena must contain essential information, including:
- The court's name and location.
- Case details, such as the index number and parties involved.
- The date and time when the individual must appear.
- A description of the documents or evidence required.
- Signature of the issuing attorney or court official.
Including all required details ensures clarity and helps avoid any confusion about compliance.
Can an individual contest a Judicial Subpoena?
Yes, an individual subject to a Judicial Subpoena can contest it. If someone believes the subpoena is unreasonable or overly burdensome, they may file a motion to quash (invalidate) the subpoena in court. This action must be taken promptly to avoid compliance before the court evaluates the merits of the objection.
Is there a timeline for complying with a Judicial Subpoena?
A specific timeline for compliance is typically outlined within the subpoena itself. Generally, the recipient must respond by the date indicated in the subpoena, or within a reasonable time frame as determined by the legal process. It’s essential to act swiftly to avoid penalties.
What is the difference between a Judicial Subpoena and a deposition notice?
A Judicial Subpoena typically focuses on gathering documents for review in a legal proceeding, while a deposition notice generally requires an individual to provide testimony under oath. Though both play vital roles in discovery, they serve different purposes in the legal process.
Can a Judicial Subpoena be issued for electronic records?
Yes, a Judicial Subpoena can be issued for electronic records, including emails, texts, and other forms of digital evidence. Modern legal practices recognize the importance of electronic documentation, and these records can be crucial for substantiating claims in court.
Common mistakes
When filling out the Judicial Subpoena form, individuals often make crucial mistakes that can complicate the process. Omitting required information is a common error. Essential details such as the court name, index number, and calendar number must be accurately provided. Without this information, the court may not be able to process the subpoena effectively.
Another frequent mistake is failing to specify the time and place for the witness to appear. This section must be filled out clearly to avoid confusion. If the date and time are neglected, it could lead to the witness not showing up, which can create delays in legal proceedings.
Additionally, people sometimes forget to include a detailed description of the documents or items the witness is required to bring. This lack of specificity can hinder the court's understanding of what is needed, and vague requests may not suffice when compelling a witness to produce certain materials.
Incorrect identification of the witness also occurs. The form requires the accurate identification of individuals or entities being served. Not fully confirming the correct name or status of the witness can lead to issues with proper service of the subpoena, thus potentially invalidating the entire process.
The method of service is another area prone to error. Individuals may not adhere to the required methods for serving the subpoena, such as delivering it in person or mailing it correctly. Using the wrong method can result in the subpoena being challenged or disregarded.
Failure to comply with legal notice requirements is also significant. The envelope used for mailing the subpoena must include appropriate wording, like "Personal and Confidential." Neglecting this aspect can lead to the communication being misunderstood, which could result in noncompliance from the witness.
Another mistake is not documenting the service process adequately. Properly filling in the details of how and when the subpoena was served is essential for the record. Any gaps in this documentation can raise questions about service legitimacy in court.
People may also overlook the necessity of signing and notarizing the form. The lack of a signature or notary can render the subpoena invalid, which in turn may affect the ability to enforce compliance.
Lastly, failing to provide correct and full contact information for the attorney can create additional barriers. The witness or the court must have the ability to reach the attorney easily regarding the subpoena. Omissions in this area can result in miscommunication or missed opportunities for clarification.
Documents used along the form
A Judicial Subpoena Duces Tecum serves as a vital tool in the legal process, allowing attorneys to compel witnesses to provide testimony or produce documents relevant to a case. To streamline this procedure, several other forms and documents are often utilized alongside the subpoena. Understanding these documents can enhance a party's ability to effectively present their case.
- Affidavit of Service: This document provides proof that the subpoena has been delivered to the witness. It outlines the method of service, the date, and confirms that the correct individual received the subpoena. This is crucial for establishing that the court's directive has been properly communicated.
- Notice of Subpoena: A notice that informs other parties in the case about the issuance of the subpoena. This is important for transparency and allows all parties to be aware of the evidence gathering process that may impact their interests.
- Motion to Quash: If a witness believes the subpoena is unreasonable or overly burdensome, they may file a motion to quash. This document requests the court to cancel or modify the subpoena. It provides an avenue for parties to protect themselves from potential overreach.
- Compliance Letter: A letter from the attorney to the witness that outlines what is required for compliance with the subpoena. It can reiterate the deadlines and the specific documents or information that need to be provided, serving as a helpful reminder.
- Witness Fee Voucher: This document is submitted to claim payment for expenses incurred by the witness while complying with the subpoena. It serves to ensure that witnesses are compensated fairly for their time and any travel associated with attending court or producing materials.
- Subpoenaed Documents List: Often used in conjunction with the subpoena, this list itemizes all documents or materials that the witness is required to bring. It clarifies expectations and helps avoid misunderstandings about what is needed for the case.
Understanding these additional forms and documents is essential for anyone navigating the legal process. Each plays a specific role in ensuring that subpoenas are enforced effectively while respecting the rights and obligations of all parties involved. Familiarity with this documentation can empower individuals and attorneys to navigate legal challenges with greater confidence.
Similar forms
The Judicial Subpoena form shares similarities with various other legal documents, each serving specific purposes within the legal system. Below is a list outlining seven such documents and how they are similar to the Judicial Subpoena form:
- Deposition Notice: Like the subpoena, this document compels a witness to provide testimony. It specifies when and where the witness must appear, ensuring they attend under legal obligation.
- Summons: A summons notifies a defendant of a legal action against them. Similar to a subpoena, it requires an appearance in court to answer the complaint.
- Request for Production of Documents: This document requests specific documents from another party. It parallels the subpoena's function of compelling the production of documents necessary for a case.
- Witness Affidavit: An affidavit offers a statement under oath. Both the affidavit and the subpoena aim to gather testimony and evidence relevant to a legal case.
- Interrogatories: Interrogatories allow one party to ask another a set of questions. This is similar to the subpoena's purpose of eliciting information from a witness.
- Notice to Produce: This document instructs a party to bring specific documents to court. Like a subpoena, it mandates compliance to ensure needed evidence is available.
- Contempt Motion: Such a motion is filed when there is a failure to comply with a court order, similar to the consequences outlined in a subpoena for not appearing or producing requested items.
Understanding these documents helps clarify the legal process and emphasizes the importance of compliance in legal matters.
Dos and Don'ts
When filling out the Judicial Subpoena form, there are some important dos and don'ts to consider. This will help ensure the process goes smoothly and legally.
- Do be clear and specific. Clearly state the name of the person or organization being subpoenaed, and include important details like the date and time they are required to appear.
- Do include proper identification. Attach any necessary details that help identify the witness, like a physical description or any relevant identifying features.
- Do serve the subpoena correctly. Ensure that it is delivered in a manner that complies with the rules, such as personally handing it to the witness or mailing it in a confidential manner.
- Do provide a copy. Remember to send a copy of the subpoena along with any papers or items you deliver to the court.
- Do keep accurate records. Document the service of the subpoena carefully, including how and when it was served.
- Don't forget signatures. Ensure that the subpoena is signed by the appropriate parties before it is served.
- Don't ignore deadlines. Pay attention to the timelines for both serving the subpoena and the appearance date.
- Don't include unnecessary information. Stick to the relevant details; overloading the form with extraneous information can create confusion.
- Don't serve it improperly. Serving the subpoena in a manner that does not adhere to legal requirements can lead to issues of validity.
- Don't assume status. Always confirm that the person you are subpoenaing is indeed available and will comply with the request.
Misconceptions
Understanding judicial subpoenas is crucial for anyone involved in legal proceedings. However, several misconceptions often arise regarding their usage and implications. Here are five common misunderstandings:
- Subpoenas are optional. Many believe that receiving a subpoena is merely a suggestion. In reality, a subpoena is a legal command requiring the recipient to comply with its terms. Ignoring a subpoena can lead to serious consequences, including fines or contempt of court charges.
- Anyone can issue a subpoena. Another myth is that anyone, such as friends or family members, can issue a subpoena. This is not true. Only attorneys or individuals involved in a legal case can issue a subpoena, and it typically must be approved by the court.
- A subpoena guarantees the information will be admissible in court. Some people think that just because documents or individuals are subpoenaed, their information will automatically be accepted as evidence in a trial. However, the admissibility of what is presented depends on various factors outlined by the law.
- Subpoenas can only demand testimony. Many individuals assume that subpoenas are solely for compelling testimony. In reality, a subpoena can also require the production of documents, records, or tangible items that are relevant to the legal case.
- Once served, a subpoena cannot be contested. Some believe that receiving a subpoena means they must comply without question. However, a recipient can challenge a subpoena if it is overly broad, unreasonable, or seeks privileged information. Legal counsel can assist in navigating this process.
Understanding these common misconceptions helps demystify the subpoena process and encourages informed participation in legal matters.
Key takeaways
- Understand the Purpose: The Judicial Subpoena form is used to compel an individual to testify in court or to produce documents that are relevant to a case.
- Complete Carefully: All sections of the form must be filled out accurately. This includes providing information about the witness, the court, and the specific documents or materials requested.
- Delivery Method: The subpoena must be delivered to the witness personally or through a method that adheres to legal requirements, such as mailing or affixing to the door.
- Compliance is Mandatory: Failure to comply with a subpoena can result in legal penalties, including contempt of court, which could lead to fines or other repercussions.
- Include Necessary Details: Be sure to include essential details, such as the time and place for the witness to appear, along with any specific documents they must bring.
- Follow Up: After serving the subpoena, maintain a record of how and when it was delivered, in case proof of service is needed later.