Subpoena Subpoena Duces Tecum

Question: what does STATE'S PRAECIPE AND SUMMONS FOR WITNESSES SUBPOENA/SUBPOENA DUCES TECUM TO LT. D. GOUDY-PERS means? what does STATE'S PRAECIPE AND SUMMONS FOR WITNESSES SUBPOENA/SUBPOENA DUCES TECUM TO LT. D. GOUDY-PERS means?

Answer: It means that Lt. D Goudy-Pers is summoned to come before the court (and legally required to do so) and bring all necessary documents with them to the court.

Question: Viewing a Criminal Complaint prior to Subpoena Duces Tecum? In NYC Small Claims Court, if a Judge grants the Claimant/Plaintiff permission to serve a Subpoena Duces Tecum to the NYPD for a copy of a Criminal Complaint will the Defendant and Court automatically receive a copy of this complaint? OR will the NYPD send the record only to the Claimant/Plaintiff who served the Subpoena Duces Tecum? If the former is true, how could a “Perpetrator” obtain a copy of a recently "closed" Criminal Complaint to view and determine whether such document would be beneficial or detrimental to the small claims case? The defendant filed this "false" criminal complaint upon discovering he was being sued in civil court. It was to intimidate a vacating of the proceedings. I want to view it and perhaps submit it to prevent the defendant from diminishing any recoverable damages by attributing culpable conduct elsewhere. I am self-representing

Answer: If it is based upon a Subpoena DT, where they have waived the record keepers presence, then they will be sent to the court who will then speak with both sides about it's release (at which point both can try to get copies). If the presence was not waived, then the next appearance someone has to be there with the documents for the court. Again, this is how it is SUPPOSED to work, but most times, people who get them don't read it all or don't understand the process, so they send the records to the person who asked for them. If you are asking simply about getting a copy of a "criminal complaint" (which is what a legal document beginning a criminal case is called), I am not sure why the court itself doesn't have it, unless I am misunderstanding the wording and they are trying to get police reports which began as part of a "complaint" by a citizen. Bottom line, there is no guarantee if the SDT was not complied with properly that you will get a copy. But fight for it. Good Luck!

Question: I need to SERVE a Civil Subpoena (Duces Tecum)? I need to serve CalPERS with a Civil Subpoena (DUCES TECUM ) just for documents on how much my ex has and is receiving in his retirement. He hasn't paid or offered to pay child support for 8 months and is in arrears for perm spousal s. Looking at the forms it looks like you have to hand deliver. I would like to just send it certified mail. Is that acceptable? I need to serve CalPERS with a Civil Subpoena (DUCES TECUM ) just for documents on how much my ex has and is receiving in his retirement. He hasn't paid or offered to pay child support for 8 months and is in arrears for perm spousal s. Looking at the forms it looks like you have to hand deliver. I have a person who can serve the papers but I would like to just send it certified mail. Is that acceptable?

Answer: I would have it served through the JDR clerk's office. There are often time frames involved and it could effect anything upcoming. Why isn't DCSE handling it?

Question: What specific information must be included to justify a subpoena duces tecum? My daughter received on from someone who is trying to implicate her in a crime. The only justification was "the records are crucial to my investigation and defense." That doesn't make sense since the records requested are all of her college records including payments which my wife and I made. It sounds like the guy is fishing.

Answer: If its a valid subpoena duces tecum, then she MUST produce the documents - it doesn't matter whether the guy is fishing or not. During discovery, a party is entitled to any and all documents which are "reasonably calculated" to lead to the discovery of admissible evidence. In other words, so long as there's even a snowball's chance in hell that the documents he's requesting will support his claims/defense, then he has the right to them. Does your daughter have an attorney? If not, I'd go see one. She may have grounds to argue against the subpoena on the grounds that its only being propounded to harass or intimidate her. And if that's the case, then she could probably lobby the court for a protective order preventing her from producing the documents. However, under no circumstances should she just ignore the subpoena! That's how people end up in contempt of court.

Question: I need help with petitioning against a subpoena duces tecum? A subpoena was served for my school records to my school for records from 1/2000 to now. The case they r subpoenaed 4 is a 2007 incident and I know u can petition againts it only if ur 18 but i want 2 petition and just limit the subpoena to the years of high school this is in california i need help or just 2 b pointed in the rite way

Answer: The proper form would be to file a motion to quash the subpoena. This needs to be done in a timely manner, so that the school is notified that there is a motion to quash and will not respond to the subpoena without further direction from the court. You need to immediately retain an attorney licensed in your state to assist you with this process. For a referral, contact your local or state bar association.

Question: what is the address for Yahoo! Inc. to serve a subpoena duces tecum for documents? I need the documents for Ventura Superior Court.

Answer: FOR IMMEDIATE RELEASE YAHOO! APPOINTS MICHAEL CALLAHAN AS GENERAL COUNSEL AND SECRETARY Veteran Yahoo! Deputy Counsel to Lead Global Legal Team Sunnyvale, CA -- August 20, 2003 -- Yahoo! Inc. (Nasdaq:YHOO - News), a leading global Internet company, today appointed Michael Callahan as general counsel and secretary. Callahan will be responsible for managing Yahoo!'s worldwide legal affairs, policy and strategy. Reporting to Susan Decker, chief financial officer and executive vice president of finance and administration, Callahan will lead Yahoo!'s legal professionals and serve as secretary to Yahoo!'s Board of Directors. Callahan assumes his responsibilities on September 2, 2003, succeeding Jon Sobel, who is leaving Yahoo! to take on a leadership role as a partner at Folger, Levin & Kahn. Callahan, 35, previously served as Yahoo!'s deputy general counsel and assistant secretary. In this role, Callahan oversaw legal issues related to securities, mergers and acquisitions, employment, finance, real estate, governance and other corporate matters. "Michael is an exceptional legal talent and has an in-depth understanding of the issues that affect Yahoo!," said Decker. "He has consistently provided excellent legal counsel and strategy to the company in critical areas such as corporate governance and securities, and has earned the trust and respect of Yahoo!'s executive team. His strong leadership abilities are an important component to sustaining the coordinated efforts of Yahoo!'s highly-skilled legal team. While we will miss Jon and are grateful for his many contributions, we are confident that Michael will provide superb leadership in his new role." "Yahoo! has assembled an extremely talented legal team with a reputation for excellence," said Callahan. "I am honored to lead this group and I look forward to advising our senior executives in my new role. I believe my knowledge of Yahoo! and the industry will ensure a seamless transition and enable our team to stay focused on servicing Yahoo!'s legal needs. This is an exciting time to be at Yahoo! and I am pleased to have the opportunity to take on additional responsibilities within the organization." Prior to joining Yahoo! in 1999, Callahan was a manager, business development and corporate counsel for Electronics for Imaging, Inc. He also worked on mergers and acquisitions and corporate matters at Skadden, Arps, Slate, Meagher, & Flom, LLP from 1995-1999. Callahan holds a J.D. degree with honors from the University of Connecticut School of Law and a B.S. degree in international affairs from Georgetown University. About Yahoo! Yahoo! Inc. is a leading provider of comprehensive online products and services to consumers and businesses worldwide. Yahoo! is the No. 1 Internet brand globally and the most trafficked Internet destination worldwide. Headquartered in Sunnyvale, Calif., Yahoo!'s global network includes 25 world properties and is available in 13 languages. Contact: Yahoo! Inc. Nicki Dugan, 408-349-7361 [email protected] or Fleishman Hillard (for Yahoo!) Michael Lynam, 415-318-4109 [email protected] Ruben Osario, 415-318-4108 [email protected] # # # Yahoo! and the Yahoo! logo are trademarks and/or registered trademarks of Yahoo! Inc. All other names are trademarks and/or registered trademarks of their respective

Question: subpoena duces tecum for a mediation hearing - not before a judge? My daycare received a subpoena duces tecum in regard to the entire file showing daily attendance, payments, etc. There is no court date before a judge scheduled. There is a hearing before a mediator. Said subpeona was not signed by a judge, but the other party's attorney. info is to be provided to the office representing other party. this information was never asked of me. I would willingly supply the information. the notice of hearing says that a person has the right "to compel persons to attend the hearing and to testify and produce evidence in your behalf" and "to present any relevant evidence you may have including any relevant financial information or records" no where does it say you can subpoena a third party? My question is this: does the daycare have to comply with the request? would a motion to quash (due to other names being on daily records billing sheets) be appropriate? how does one do that without paying an attorney to do it for them? the cover letter does not jibe with the info requested (they didn't change it from the previous letter, apparently) they allowed 10 days for the response it isn't me that would be in contempt...it's the daycare center. they do not plan to reply due to the inconsistancies of naming the wrong place in the cover letter. also, they say they cannot supply all info requested in the form requested due to confidentiality agreements. (but they could supply it in general terms in a letter) it does reference a circuit court. because support paid through the state is an ongoing case until age 18 perhaps? According to the Office of Child Support Enforcement the support is not retro-active. But the reason for the subpoena is that the other party found out there has been no after school costs for the last several months and wants to ask to recoup that money (I'm guessing) ironically, with the increases in both parties' income since the last hearing I believe the support will remain the same - possibly increase - according to my state's online support caculator I'm not trying to hide anything. I will be truthful at the hearing about all relating information. I just question the use of a subpoena in this case because I've never been asked to provide the same info needed at the mediation hearing prior to the actual hearing. Nor did I reveive a copy of the subpoena as indicated on it seems like unnecessary harassment of my daycare

Answer: There is such a thing as court (or statute) ordered mediation, the "binding" part is not relevant, the court (or statute) wanted the parties to work something out and avoid a trial Since the poster didn't provide us will the cause of action, we can only guess. The subpeona is valid, and you do have to produce the actula documents. If you don't , you will suffer the consequences. Generally, the courts view a party that doesn't comply with discovery, aparty with something to hide. Whatever you don't produce, as instructed, will be assumed it favored the other party and assumptions can be made (happens all the time in tort cases, the mysterious disappering records) You (in the plural sense) need an attorney. You have no grounds to "quash". Confidential information can be redacted from the documents by the court , if they are motioned properly and the court agrees. You have no legal duty to protect the names of your customers. The case doesn't have to docketed. In dscovery, it is usually the parties attorneys that subpeona. Beleive me, you do not want the other party to go to the court with a motion to compel.

Question: subpoena duces tecum? Why would a subpoena duces tecum out of the 1st circuit court judicial district be served on a citizen within a certain county having two judicial districts and the citizen served resides in the 2nd judicial district and the matters at issue happened in the 2nd circuit court judicial district? Further why would the incriminating evidence such as audio tape recordings and other documents and/or items brought to the grand jury not be allowed to be entered into the record? Lastly why would the politicians and lawyers claim there was no transcript of the event when there was in fact a stenographer present and even had the citizen witness spell out a particular name for them? Obstruction of justice and/or outright judicial harassment of the citizen perhaps?

Answer: In answer to your first question. I assume that the service was for a criminal matter, the grand jury having been presented evidence. The matter is most likely being heard in another district because a change of venue was requested and granted. Second, the evidence presented at a grand jury hearing is not subject to the same restrictions as an open hearing. There is no defense counsel to object to the presentation of the evidence, therefore normal evidentiary rules do not apply. It is not necessarily that there is no transcript of the grand jury matter, but more correctly, it cannot be entered into evidence without the proper rules being followed. It is not obstruction of justice, but rather the observing of rules that require the prosecution to prove beyond a reasonable doubt.

Question: Why did Obama's motion to dismiss the Subpoena Duces Tecum, insist he does not have to prove his citizenship? I don't understand why Obama would not want transparency. He has campaigned that Government should be open and transparent; but he wants his life to be secret and hidden. http://www.youtube.com/watch?v=xyspCRmJv7w&eurl=http://www.youtube.com/user/thealexjoneschannel?ob=4

Answer: Seems pretty simple to just put it to rest..but perhaps there is no simple answer that will validate his citizenship.

Question: why would i get a subpoena duces tecum from the california dmv?

Answer: Because you've got something they want. And the subpoena will almost certainly say on it what they want...it will be some kind of document(s) that you are likely in charge of. It has nothing to do with your driver's license.

Question: Do you need a patient's authorization with a Subpoena Duces Tecum in order to release a pt.'s Medical Record? This is a Health Information question. With the recent release of the HIPAA laws, a lot of things have change concerning how a patient's and your medical records are released. Also, what is foremost is who has access to your health record. The thing I need to claer up is the question I have posted. Pre-HIPAA, a health could be release via a subpoena duces tecum without a the person's authorization. I recently attended a seminar where the speaker alleges your health record can not be release without your authorization even if it is a subpoena and you cannot be held in contempt of court. I have been looking for the HIPAA law that supports this statement, but I can't find it. I hoping someone out there is knowledgeable enough to point me in the right direction.

Answer: If you are given a subpoena, you should not need the patient's authorization in order to comply with it, but you could contest the subpoena if you feel it would violate your patient's doctor-patient privelege. I'm not a lawyer though, and HIPAA has changed the playing field when it comes to releasing medical records. If the patient is willing to sign an authorization, getting it certainly wouldn't hurt.

Question: I have been served with a subpoena Duces Tecum, do I need a lawyer:?

Answer: You were subpoenaed to court. Are you a witness? Then no, you don't need a lawyer.

Question: How to serve a SUBPOENA DUCES TECUM in Texas? Trial is set for mid December. I need to serve custodian of records for an officer's prior misconduct or complaints if they exist. Because I am in Texas and discovery is generally limited to seeing documents only after state employee testify s does this mean I cannot get a copy of the officer's record before trial in order to prepare before trial starts? Also, when writing up the Subpoena, do I have to include for the custodian of records to personally appear on the trial date or can I just subpoena requesting the documents that I need to review?

Answer: First of all, I am assuming that you are representing a defendant in a criminal case, and not a civil case. Please correct me if I'm wrong, because the rules in civil cases are slightly different. If you simply want to review records of prior misconduct before trial, then you need to file a motion for Discovery under Art. 39.14 of the Texas Code of Criminal Procedure. (First link below) If you want to introduce those records at trial as evidence, you will need to subpoena the custodian of records to appear at trial with the records. (Code of Criminal Procedure Art. 24.02 - 24.04 Second Link) Article 24.04 governs the manner in which the subpoena must be served.

Question: Subpoena Duces Tecum? I recieved one it the mail for a past creditcard debt. They want me to appear in person with my tax returns, bank books, deeds, titles, ect. What should I do because it said that failure to appear might be a contempt of court and possible imprisonment and fine. I owed a credit card company about $3,000 dollars over 5 years ago. They recieved a default judgement against me. Does anyone know what will happen if i do not show up with the stuff will it be a criminal charge. Help i do not know what to do. I thought about calling them up and making a payment plan or something. But I think that is a bad idea because i really can' t afford to eat and pay them it will only be a matter of time before i miss the payments or stopy paying

Answer: A Subpoena Duces Tecum is an order from the court for you to appear and produce documentation for the court. You were already sued for the CC debt and failed to answer or defend yourself. That's how you got the default judgement against you in the first place. The only way you can fight that now is if you can prove that you were not properly served before that went to court. It's certainly worth looking into that but you'd probalby want assistance from an attorney there. The plaintiff is now asking for an order from the court to force you to pay. It is in your best interest to appear as ordered with the documentation that the court has requested. This information will be used by the court to determine how much (if anything at all!) the plaintiff is entitled to from your pay and any assets. If you are truly living hand-to-mouth the court could decide that you don't have enough in the way of resources to attach and therefore the plaintiff gets nothing at all, or at best a tiny token payment like $1 per paycheck. If you ignore the subpoena you do so at your peril. The judge could find you in contempt of court and order you to be thrown into jail without any further action until such time as you produce the records as ordered by the court. Or the court could proceed with whatever information it has available and order garnishment of your wages, seizure of bank accounts, assets, etc. The court would not consider your overall financial situation as you failed to provide the requested documentation that could have minimized the damage. Failing to show is only screwing yourself, pure and simple. The best advice would be to consult with a local attorney. You may be able for assistance from Legal Aid if your financial situation is as you say.

Question: How can a subpoena duces tecum be submitted to a Virginia State Trooper to bring the video from their cruiser? http://www.courts.state.va.us/forms/district/dc498inst.pdfw A. Does this have to be done by an attorney (see line 12 through 15)? If so, how does a regular person do this on their own? B. In line 6 through 8, how do you refer to the trooper (e.g. "Trooper Smith #1")? C. In line 9, do you write "bring camera footage from [date] [time start] to [time end]"? D. Do I fill out page 4? thanks Link should be http://www.courts.state.va.us/forms/district/dc498inst.pdf

Answer: You not serve the state trooper, you serve the state police records department. Just call them and ask who you serve. The form is not popping up. If you are defending yourself you can sign the subpoena, most of them have to be notarized unless they are issued by the court.

Question: Duces Tecum Subpoena? Can anyone explain this to me? Also, what does it mean when it is stated "order on defendant's motion to continue"? How long can someone motion to continue before they are forced to go to trial (in the state of FL)?

Answer: A subpoena duces tecum is a court order to bring certain documents or other evidence to a specific place at a specific time in order to provide the information for the trial. By "order on defendant's motion to continue", it simply means that it is a court order in response to the defendant's motion to continue. There is no set amount of time that a case would be continued, but the court would tend to look for a very good excuse after the first continuance.

Question: How to subpoena stuff pro se? I want to subpoena footage from my housing authority to use in a case I have.How do I subpoena the footage on my own? Do I file a Subpoena duces tecum and can I file it?

Answer: First you have to draft the suit, get permission from a judge to file it pro se and file it. Then you have it served on all concerned parties by a process server or, if you qualify for free process, by the Sheriff's Dept. Then you file a motion and a request for a hearing. At this point you can download or obtain from your court the necessary subpoena forms and serve them. You can serve a subpoena duces tecum if you wish for an "expert witness" to appear in court with the footage, or another subpoena for just the footage itself.

Question: question regarding definition of subpoena? Why do some legal dictionaries (and also Wikipedia) define "subpoena" as either an order for a deposition/testimony or an order for deposition/testimony with production of documents ("subpoena duces tecum")? Can't a subpoena be just for production of documents without a deposition/testimony?

Answer: Yea, thats a subpoena too. It's very rare though that a person recives a document subpoena, so most people consider a subpoena to be testimony or deposition. Mostly its corporations that recive document subpoenas. You're right though

Question: SUBPOENAS DUCES TECUMS--Do you know these answers? 1. What does an attorney have to do to issue a subpoena? Does s/he even have to file something with the local clerk (?) or can they do just download the form and do it from their office without the clerk's approval? 2. You read things re some companies only producing on "court-ordered subpoenas". What's the difference between an "ATTORNEY-issued" subpoena and a "COURT-ordered" subpoena? 3. When they issue a subpoena duces tecum to a 3rd party, do they have to specify their REASON/ case to that 3rd party is the "You are commanded (by me, your God", I'm sure the thinking goes) nonsense enough? Otherwise, anyone could issue a subpoena on 3rd parties on all their competitors' private documents, right? I don't get it. 4. Also, while subpoenas usually have attached, as the final page, your rights (including right to object/quash, etc), is that right really there (?) because most 3rd parties just "give it up" to anyone who asks them for production. Certainly, they don't do a day count for you that includes meet 'N conferr, the extra 15 days for a stip, and another 21 days from that date for the hearing. So, isn't this all a big joke? By the time a D. can assemble their motiontoquash, the 3rd parties have already sent your whole file to the issuing attorney. So, again, how does our court system ensure the D's right to defend themselves from subpoenas duces tecums by way of quash, if 3rd parties dont even understand the timing involved to put one together using local rulez etc? Thank you for answering these maybe 1,2,3 if you would so I can keep track. Kind regards. --- Thanks for the 2 answers so far. FDBACK: RANDY: your link page was deleted, so is unavaivable for viewing. KIM: Your 1st and last paragraphs didn't help as much as the 2nd and 3rd. Here's why: 1st paragraph says "An attorney can't just fill out a form and automatically issue a subpoena - a judge has to look over the evidence and decide whether or not to grant the subpoena request." BUT, THAT'S NOT NECESSARILY TRUE. No Judge has signed off on any of the 2 subpoenas we were issued in our case. Any idea why? The copies they sent to us just show "Signature of Clerk or Deputy Clerk" EMPTY (same for the server name, address, etc). What's the point of that? LAST PARAGRAPH: You answered "motion to quash. That usually stops the timeline for having to produce those documents while a court date is set to discuss, in front of the judge". TRUE, a D can always file a motiontoquash. But my point was, again, "what's the use" if 3rd parties everywhere have already sent all your prvt info? itsajoke

Answer: An attorney can't just fill out a form and automatically issue a subpoena - a judge has to look over the evidence and decide whether or not to grant the subpoena request. A court-ordered subpoena means that the judge is initiating the subpoena rather than the attorney. A subpoena duces tecum does not have to have a reason, it simply has to tell them what documents to bring with them to court. And yes, there is always a right to object or quash. If they're asking for something that has nothing to do with your case, then have your attorney file a motion to quash. That usually stops the timeline for having to produce those documents while a court date is set to discuss, in front of the judge, why you think the subpoena is asking for too much. Hope this helped!

Question: Why would a court order be required in the case of? substance abuse records rather than a subpoena duces tecum?

Answer: Because of the privacy of the records.