Who can issue subpoena duces tecum?

Who can issue subpoena duces tecum?

Subpoena duces tecum; attorney-issued subpoena duces tecum. A judge or clerk of a district court may issue a subpoena duces tecum pursuant to the terms of Rule 4:9A of the Rules of the Supreme Court of Virginia except that such subpoena may be directed to a party to the case as well as to a person who is not a party.

How is a subpoena served in Massachusetts?

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person, or by exhibiting it and reading it to him, or by leaving a copy at his place of abode; and by tendering to him the fees for one day’s attendance and the mileage allowed by law.

Who can attend a deposition Massachusetts?

As a practical matter, the only people present at most depositions are the examiner, the deponent, deponent’s counsel, other parties’ counsel, the court reporter, a videographer, and an interpreter, if necessary.

Is a notice of deposition the same as a subpoena?

What is a deposition? A deposition is a pre-trial examination, under oath, of a witness or a party to a case. In these instances, the Notices of Deposition should be accompanied by a Subpoena, possibly a Subpoena Duces Tecum.

What does a subpoena duces tecum mean in California?

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. See California Code of Civil Procedure Section 1985. The subpoena process is available to compel the attendance of a witness who may

What are the Massachusetts rules for subpoenaing documents?

Unlike the federal rule, this provision in the Massachusetts rule also tasks the issuing party with serving copies of any objection to the subpoena on all parties. In addition, the issuing party must serve all other parties with either notice that a production was made or an actual copy of the documents produced.

Can a subpoena preclude a deposition by oral examination?

A subpoena must advise a nonparty organization of its duty to confer with the serving party and to designate each person who will testify. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.

When to issue a subpoena in civil procedure?

At the request of any party subpoenas for attendance or to produce documents, electronically stored information, or tangible things at a hearing or trial shall be issued by any of the persons directed in subdivision (a) of this rule.