
GC Form 106 2 C Subpoena Duces Tecum Greene County
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People also ask
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What is hearing on subpoena duces tecum?
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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What is the purpose of a subpoena duces tecum?
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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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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How do you respond to a subpoena duces tecum?
For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness. (Evid. Code § 1560(b)(1) and (b)(3).)
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What is the difference between a subpoena and a subpoena duces tectum?
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 do you respond to a subpoena duces tecum?
For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness. (Evid. Code § 1560(b)(1) and (b)(3).)
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What does hearing on subpoena duces tecum mean?
A subpoena duces tecum means "bring with you under penalty of law" and compels an agency bring records that they have and to verify to the court that the documents or records have not been altered. The agency may do this by declaration or by direct testimony, as you require.
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