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People also ask
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Can you ignore a subpoena in Canada?
The subpoena can come from the Crown prosecutor, the defense counsel, or from the accused if the accused is representing him or herself. The subpoena is a court order telling you to appear in court at a specific time and place. If you do not obey the order, you can be charged with a crime.
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How does a subpoena work in Ontario?
If you witnessed or were a victim of a crime, you might receive a subpoena. This subpoena will tell you who is requesting your presence at court and when and where you need to attend. Typically, the defence lawyer or Crown prosecutor will speak to you beforehand to learn what you know about the case.
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What is the difference between a subpoena and duces tecum?
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
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How far in advance must a subpoena be served in BC?
SERVE the witness with the subpoena at least 7 days before the witness is required to appear (unless a Judge has ordered otherwise). The purpose of service is to make sure the witness knows about the requirement to come to court. You do not have to file the subpoena with the court before serving it.
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What happens if someone ignores a subpoena duces tecum?
If the person disobeys the subpoena they can be held in contempt of court and ordered to pay up to $500 in fines.
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What does subpoena duces mean in law?
Subpoena duces tecum means “a subpoena for the production of evidence” which requires the witness to produce documents, records, or other tangible objects for examination at a trial or hearing. Duces tecum in Latin means, “you shall bring with you.”
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What does subpoena duces mean?
ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
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What happens after subpoena duces tecum?
Anyone who receives a subpoena duces tecum must give the requested documents or other evidence to the judge, who will then conduct a hearing to determine whether the person who requested the material can receive them.
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