Witness Subpoena and Records Subpoena
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A Witness Subpoena and Records Subpoena Directory  for Attorneys and Paralegal Professionals.
Information about a Witness Subpoena, Records Subpoena Duces Tecum and process serving  services

Witness Subpoena .com offers free information and insights about what a Witness subpoena and Records Subpoena is.  Typically, a Witness Subpoena or Records Subpoena is utilized by an Attorney who is seeking to obtain a sworn statement and or specific evidence for a court proceeding. Within these pages you will find Witness Subpoena and Records Subpoena information as it relates to the following: What is a Witness Subpoena or Records Subpoena? How does a Witness Subpoena or Records Subpoena get delivered or “served?” Subpoena Service of Process Laws and Subpoena statutes. What to do if you are served with a Witness Subpoena or Records Subpoena? How you can have your Records Subpoena or Witness Subpoena served by a professional Private Process Server anywhere in the United States.

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About a Subpoena

According to Wikipedia, A subpoena is "a command to appear at a certain time and place to give testimony upon a certain matter." The term is from the Middle English suppena and the Latin phrase sub poena meaning "under penalty." The term may also be spelled "subpena."

A subpoena is used to compel the testimony of witnesses in a trial or other adversarial proceeding. Subpoenas are issued by the clerk of the court (see below) in the name of the judge presiding over the case in which the witness is to testify. (Additionally, court rules often permit lawyers to issue subpoenas themselves in their capacity as officers of the court.) Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to serve the subpoena on the witness.

The subpoena will usually be on the letterhead of the court where the case is lodged, naming the parties to the case, and being addressed by name to the person whose testimony is being sought. It will contain the language "You are hereby commanded to report in person to the clerk of this court" or similar, describing the specific location and scheduled date and time of the appearance. Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding him or her not to leave the court facilities until excused by a competent authority.

The subpoena has its source in English common law and it is now used almost with universal application throughout the Anglo-American common law world. However, for Civil proceedings in England and Wales, the term has been replaced by witness summons, as part of reforms to replace Latin terms with easier to understand English terms

Subpoenas are issued to non-parties may be issued in three ways: 1) witness subpoenas for testimony at a trial, deposition or hearing, 2) subpoenas for the production of evidence such as products, computer and files at a trial or hearing, and 3) witness subpoenas for testimony and document production at a deposition and for trial.

A valid and active subpoena must include the name of the court, the title of the action, and the seal of the court or, as to deposition subpoenas only, the signature of an attorney authorized to practice in the issuing court. In addition, the subpoena shall command each person to whom it is directed to attend and give sworn testimony at a time and place specified on the face on the subpoena. Where a party seeks to subpoena certain documentary evidence for production at a courtroom hearing, he will use what is traditionally known as a subpoena duces tecum. A subpoena duces tecum must comply with the same form requirements as that of a regular witness subpoena and is served on the person commonly called a "custodian of records" of the entity in possession of the records sought.

Subpoenas for deposition may seek the testimony of a non-party witness as well as the production of documents and other evidence. Such subpoenas are subject to restrictions within the Civil Practice Act and the Code of Evidence. Where a witness is requested to produce certain documentation, it is acceptable to request that such documents be produced at the time of the scheduled testimony by specifying the documents on the face of the subpoena or by exhibit.

The proper method of commanding opposing parties to appear for depositions or to produce certain records is provided for in other areas of the Civil Practice Act and Evidence Code. The available methods of forcing an opposing party to testify or produce evidence is through: 1) a specific notice of deposition, 2) a specific notice to produce, and 3) witness subpoenas for testimony at a trial, deposition or hearing.

Opposing parties may be commanded to appear for deposition through a "notice of deposition" served pursuant to applicable laws. A notice of deposition may be served by regular U.S. mail to the opposing party's counsel.

Subpoenaed parties may be commanded to produce books, writings or other documents or tangible things in his possession, custody or control at a hearing or trial through a "notice to produce" promulgated pursuant to law. A commonly used tactic of serving a notice to produce rather than a subpoena duces tecum is that it does not require the serving party to produce fees or mileage as is required through a subpoena duces tecum.  However, a notice to produce may not be served on a non-party. A notice to produce may be directed toward a party or his / her attorney and may be served pursuant to applicable statutes and rules . It should be noted that although many attorneys often send a notice to produce through the U.S. Postal Service, proper service actually requires that the notice be delivered by certified mail to the opposing party or his attorney. Many attorneys often confuse a notice to produce with a "request to produce" submitted pursuant to applicable law. The primary difference between these two devices is that a notice to produce does not permit a mandatory 30-day response period as is allowed in a request to produce. Another major difference is that a notice to produce is not limited to the traditional discovery period and may be served any reasonable time prior to trial.  Objections to a notice to produce are made under the same statutes and rules as provided for an objection to a subpoena rather than those rules designated for objections to requests to produce and other specific discovery devices. In any case, in order to ensure the attendance of an opposing party at a trial or hearing, a proper witness subpoena must be issued and served under the same rules and procedures as required as to non-party witnesses

This Website, and all of its affiliated sites, is operated by Jonathan Levy, C.E.O., Corporate President, Private Investigator & Private Process Server, Florida, USA, All Rights Reserved, 2006-2008 © Mr. Levy is a renowned Florida State Licensed Private Investigator,  C.E.O. and President of the Agency for Civil Enforcement Corporation, Florida USA. Florida State Agency License Number: A9900347. In addition to holding a Florida State Investigator's License, Mr. Levy is also Licensed By Three Circuit Courts and a holds a Special Process Server Appointment License issued by a Sheriff's Office. Mr. Levy's privately owned agency offers a wide range of Private Investigation services, Worldwide Service of Process assistance and maintains a significant interest in the internet marketing of legal websites and domain name interests.

This website offers information about a Witness Subpoena, Records Subpoena, Subpoena Service, Affidavit of Service, Serving process upon a  Witness, Subpoenaed to Appear, Subpoena Duces Tecum, Subpoena for Records, Serving a Records Custodian, Service of Process upon a Registered Agent, Corporation Service of Process, Subpoena to Appear for Trial, Service upon an Individual, Service for Deposition, Service for a Court Witness, Serving Subpoenas, Subpoenaed Persons, Subpoenas Served, Serving a person  a Witness Subpoena, Serving a Records Subpoena, Serve a Defendant, Service Upon the State, Service upon Government agencies and Serving Process upon a Public Official.

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