Subpoenas

A subpoena is an order from a court summoning a person to appear at a trial. If the person does not comply with the subpoena, the court has the discretion to hold the person in contempt or penalize accordingly.

Asked in Law & Legal Issues, Civil Lawsuits, Email and IM, Subpoenas

Can you serve a subpoena by email?

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State law dictates the manner of service that is required in the jurisdiction. Therefor, there is no unequivocal answer to this question. You need to refer to the law of the prevailing jurisdiction.
Asked in Court Procedure, Subpoenas

What is a subpoena ducas tecum?

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It is a court order requiring a person to produce certain named documents to the court
Asked in Criminal Law, Subpoenas

How will the district attorney subpoena an unwilling witness?

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By issuing a subpoena and confirming that the subpoena has been served on the wittness. If the person doesn't respond to the subpoena in some cases the DA can then ask for a Bench Warrant to issue. The wittness could then be arrested and asked questions while in custody. The potential witness is served a subpoena and is legally obligated to appear at the time stated or be charged with contempt of court. In which case a warrant will be issued for the person's arrest and after the person is taken into custody he or she will still be brought into court to testify. The prosecutor can request the court to deem the person a hostile witness and the judge can order the individual to answer questions put to them or face further contempt and obstruction charges.
Asked in Subpoenas

What is a subpoena?

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A writ requiring appearance in court to give testimony.
Asked in Warrants, Court Procedure, Subpoenas

If a subpoena is put out to show up in court and they can't find you to notify you can a bench warrant be issued?

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A bench warrant cannot be issued if you fail to appear in court unless the subpoena has been properly served according to the laws and court rules of the state involved. Unless it has been served it is not binding on a person even if that person knows about it.
Asked in Subpoenas

Can you refuse to answer questions if you were subpoena to witness?

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You can - BUT - you'd be held 'in contempt of court' and could face prosecutions for it !
Asked in Criminal Law, Subpoenas

Can an expunged record go through a subpoena?

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The question is unclear. (1) You cannot have an expungement awarded to you via a subpoena. (2) If someone subpoenas your expunged record it IS available, but they would have to show cause why it should be released to them, and it would have to be released by a judicial order. Once your record is expunged it is not available to the public - but it IS available to law enforcement, the courts, government agencies and those organizations that conduct security clearance background checks for the government.
Asked in Banking, Probate, Subpoenas

If the bank is requiring a subpoena to access bank records for my folks probate and the judge wont give ya one what should be done?

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You need to consult an attorney who specializes in whatever area of law addresses your problem.
Asked in Debt Collection, Subpoenas

What is a Restraining Notice with Information Subpoena on a bank account?

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It is used by a judgment creditor to freeze the assets of the debtor and to find out what assets the debtor has.
Asked in Auto Insurance Claims, Police and Law Enforcement, Subpoenas

Can local police serve subpoena?

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Yes. Added: Although such court papers are CUSTOMARILY served by the Sheriff's Office or Court Officers, they MAY also be served by Law Enforcement if they are relative to a criminal case. Law Enforcement officers (NOT to be confused with Sheriff's Deputies) can NOT serve papers of the Civil Court.
Asked in Credit Reports, Credit, Subpoenas

Can a collection agency report an unpaid balance on your credit report under public records that you received no subpoena for?

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Yes. Finding a judgment from a past due collection account on the public record portion of your credit report is quite common. You would need to research your state's law and the state the CA was operating in to determine the requirements for notification. Many states only require the CA to attempt notification, such as sending a letter to your last known address.
Asked in Court Procedure, Subpoenas

If I have been served a subpoena do i get off from work?

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You get off from work in order to attend court, but your employer does not have to pay you for the lost time.
Asked in Court Procedure, Subpoenas

What if subpoena duces tecum is returned unserved?

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Returned unserved means that the subpoena was not served to its intended target. The subject of the subpoena must then be located and served.
Asked in Court Procedure, Subpoenas

Where to servce fifth third bank subpoena?

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Legal Operations 5050 Kingsley Drive Cincinnati, Ohio 45263-MD1MoC2Q Additional: All corporations doing business in your state (regardless of what state you live in) must have a registered agent on file with your state government (usually the Secretary of State's office). Find out who this registered agent is and any legal papers can be served on them.
Asked in Court Procedure, Subpoenas

What happens if you don't comply with a subpoena?

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A subpoena unlike a civil summons is a direct order from the court for appearance at the place and time stipulated. FTA can result in a contempt of court charge which is punishable by fines and/or imprisonment. If said subpoena relates to a criminal offense, other charges both civil and criminal could apply.
Asked in Court Procedure, Subpoenas

Where do you send a subpoena duces tecum for account records?

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You send it to the custodian of the records you want to see.
Asked in Court Procedure, Subpoenas

How hard is it to subpoena email messages?

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No more difficult than subpoenaing any other business records, but you must have some idea as what timeframe you want produced.
Asked in Court Procedure, Subpoenas

Who can issue a subpoena?

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The Clerk of the Court or an attorney as an officer of the court. Generally, attorneys are authorized to sign the Clerk's name to a subpoena and serve it as if the Clerk had issued it. As an example, this is what Federal Rule of Civil Procedure 45(a)(3) says: (3) Issued by Whom. The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena as an officer of: (A) a court in which the attorney is authorized to practice; or (B) a court for a district where a deposition is to be taken or production is to be made, if the attorney is authorized to practice in the court where the action is pending.
Asked in Criminal Law, Subpoenas

Who can issue a subpoena duces tecum in Texas?

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A subpoena which requests items be brought with the person is called a "subpoena duces tecum". A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to appear in court or any designated location to provide testimony for trial or deposition or produce documents or other evidence.
Asked in Latin to English, Subpoenas

What does subpoena mean in English?

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"Subpoena" means, literally, "under penalty" (Latin sub poena). In law it refers to an order to appear or suffer a penalty for contempt of court.
Asked in Divorce and Marriage Law, The Difference Between, Subpoenas

What is the difference between a subpoena and request?

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A subpoena is an order with the force of law behind it. A request is just that, you are ask if you will do something.
Asked in Law & Legal Issues, Court Procedure, Subpoenas

If a subpoena was not served can one be in contempt of court?

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If you mean can you be held in contempt for not appearing on the date the subpoena said you had to appear on, the answer is no, you cannot be held in contempt of court. The subpoena is binding on you only if it is duly served upon you according to applicable law.
Asked in Law & Legal Issues, Subpoenas

How much is it to get a subpoena in Georgia?

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A subpoena is an order from the court for the named persons to appear before a judge at the specified date, time, place. Subpoenas generally pertain to criminal matters rather than civil, although there are exceptions depending upon the circumstances of the case itself. The fees required for the filing of a civil complaint by a citizen are determined by the type of filing action (civil suit for debt, civil action pertaining to marriage issues, child support suits, personal injury, etc.). Contacting the office of the clerk or court administrator of the appropriate state court in the county where the person requesting the action resides is the best way to obtain information concerning costs and filing procedures.