ok i am filling for a subpoena to get all of the radar/logs/records of training fcc licence for radar unit so i am having trouble filling it out. Should i fill out the duces tecum part or should i leave that alone? i am wanting this information mailed to me not to the court and i dont want the officer to think he has to go to court or send this info to the court so what should i fill out on the subpoena. Please i know there are some people who really want to help but if your answer is any of the ones i will list dont bother with it.
Get an attorney
you should know
ask the clerk in court
pay the ticket
et etc etc
2006-11-01 20:04:33 · 3 answers · asked by 06tiburon 1 in Politics & Government ➔ Law & Ethics
A subpoena compels a person to appear at court. A subpoena duces tecum compels a person to appear, and to bring certain documents with them. The phrase "duces tecum" means "to bring with".
Generally, if all you care about is the documents, then the duces tecum is the more important part of the form.
What it sounds like you are talking about is the discovery process, and your requesting certain documents in control of the state (as the opposing party) as part of that discovery. In most jurisdictions, that is different than the subpoena process, which generally compels attendance in court.
Check out the differences between subpoenas and discovery, and make sure you are using the correct one based on what you are trying to accomplish.
However, I must also add the obligatory recoomendation -- consult with an attorney. Legal processes can get tricky, and a few hours consulting with an attorney can save you months of headaches later.
2006-11-05 12:00:37 · answer #1 · answered by Vicki Von 2 · 0⤊ 0⤋
A subpoena compels a person to appear at court. A subpoena duces tecum compels a person to appear, and to bring certain documents with them. The phrase "duces tecum" means "to bring with".
Generally, if all you care about is the documents, then the duces tecum is the more important part of the form.
What it sounds like you are talking about is the discovery process, and your requesting certain documents in control of the state (as the opposing party) as part of that discovery. In most jurisdictions, that is different than the subpoena process, which generally compels attendance in court.
Check out the differences between subpoenas and discovery, and make sure you are using the correct one based on what you are trying to accomplish.
However, I must also add the obligatory recoomendation -- consult with an attorney. Legal processes can get tricky, and a few hours consulting with an attorney can save you months of headaches later.
2006-11-04 05:33:49 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
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2016-12-09 01:12:24 · answer #3 · answered by degennaro 4 · 0⤊ 0⤋