subpoena for documents SUBPOENA DUCES TECUM

dave b · #1 01-09-2008, 01:12 PM

I need to have a subpoena to get information from a cell phone provider and a local bank regarding what I thought was a simple matter relating to my late daughter. What I need is documentary proof that she lived where she did at the time of her death, ie a specific physical address. In other words, her domicile. The local court doesn't have a standard form subpoena for documents and neither does the WI court website. If someone knows of another source or otherwise has a template or outline for such a subpoena.....

Sharing Lights · #2 01-09-2008, 03:51 PM

Ex NY
http://www.courts.state.ny.us/ithaca...eSubpeona.html

HOW TO SUBPOENA A WITNESS OR DOCUMENTS

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How to Subpoena a Witness

How to Subpoena Documents or Records
http://www.courts.state.ny.us/ithaca...ilSubpoena.pdf

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HOW TO SUBPOENA A WITNESS

Ifyou are unable to get a witness to appear voluntarily, you may apply for the issuance of a subpoena to the Clerk of the Court.

A Subpoena is a legal document that commands the person named in the subpoena to appear in Court. An expert witness may NOT be compelled to testify by subpoena, but you have the option of paying the expert witness the expert witness' fee for coming to Court to testify.

You must arrange for service of the subpoena and the payment of witness fees and, where appropriate, travel expenses for the person subpoenaed. Except where the travel is entirely within a city, a subpoenaed witness is entitled to travel expenses to and from the court from the place he/she was served with the subpoena.

Either party in a case may apply for a subpoena for a witness up to 48 hours before the scheduled trial date. The application is available on this web site (Click here for application and Civil Subpoena form - download in ADOBE ACROBAT or Word Perfect 6 or greater) or from the Clerk of the City Court.

Service of a subpoena upon a witness may be done by any person (including a friend or relative) who is 18 years of age or older. A party to this action can NOT serve a subpoena. The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT or WordPerfect 6 or greater) and file it with the Court.

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HOW TO SUBPOENA DOCUMENTS OR RECORDS

If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.

Either party in a case may apply for a subpoena for records up to 48 hours before the scheduled trial date. The application is available on this web site (Click here for application and Civil Subpoena form - download in ADOBE ACROBAT or Word Perfect 6 or greater) or from the Clerk of the City Court.

http://www.courts.state.ny.us/ithaca...ilSubpoena.pdf

Service of a subpoena for records may be done by any person (including a friend or relative) who is 18 years of age or older.

A party to this action can NOT serve a subpoena.

The person who serves the subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT or WordPerfect 6 or greater) and file it with the Court.

http://www.courts.state.ny.us/ithaca...tofservice.pdf

Sharing Lights · #3 01-09-2008, 04:04 PM

Subpoenas NY

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If you are unable to get a witness to appear voluntarily, or you need records produced in court that are not in your possession, you can ask the court to issue a subpoena.

A subpoena is a legal document that commands the person named in it to appear in court to testify or to produce records.

For example, DHCR, Buildings Department, HPD or the landlord’s employees can be subpoenaed.
(An expert witness cannot be compelled to testify by subpoena.)

If you would like to subpoena a witness or documents, you must come to court and fill out the subpoena forms.

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After you have filled out the forms, the clerk will present the subpoena to the judge for signature, if necessary.

You must then arrange for the service of the subpoena and the payment of a witness fee and, where appropriate, travel expenses for the person subpoenaed. You are responsible for paying these fees. Any person, including a friend or relative, who is 18 years of age or older and who is not a party to the proceeding can serve the subpoena. A party cannot serve a subpoena.

For detailed information on how to serve a subpoena, click on Subpoena Instructions.

A subpoena can be served any time before the hearing. However, a witness should be given a "reasonable" amount of time before he or she must appear.

Generally, it is considered reasonable to serve the subpoena at least 5 days before the hearing date.

This will allow the person subpoenaed to prepare the items you request or appear at the hearing.

Sharing Lights · #4 01-09-2008, 04:09 PM

THE CIVIL COURT OF THE CITY OF NEW YORK
INSTRUCTIONS FOR SERVICE OF SUBPOENA

http://www.nycourts.gov/courts/nyc/h...cesubpoena.pdf

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Subpoena available

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There are three kinds of Subpoena,

I. Subpoena To Testify. (Ad Testificandum)
Requires a person to come to the Court to testify as a witness.

II. Subpoena For Records. (Duces Tecum)
Requires documents, papers, writing, etc. to be brought to the Court.

III. Information Subpoena.
Requires the information be provided to the person requesting it.

Methods of Service

A Subpoena to Testify or a Subpoena for Records is generally served on an individual*
by personal (in hand) delivery. [*For service on a corporation or on a partnership, see the Clerk.]

For service on an individual, under certain circumstances it may be appropriate to use an
alternate method of service such as “Substituted Service” or “Conspicuous Service.”
“Substituted Service” is the personal service of the Subpoena on someone other than the
person who is being subpoenaed (the witness) at the actual place of business or place of
residence of the witness.

The server must then mail a copy of the Subpoena to the
witness by first class mail to the actual place of business or place of residence of the
witness.

Mark the envelop “Personal and Confidential.”
“Conspicuous Service” is the service of the Subpoena by leaving it at the residence or
place of business of the witness.

Prior to leaving the Subpoena, the server must make at
least two attempts.

If no one is found on either attempt, on the third try the Subpoena
may be affixed to the door with adhesive tape, and a copy must be mailed to the residence
of the witness by first class mail.

Mark the envelope “Personal and Confidential.”

An Information Subpoena is generally served by Certified or Registered Mail, Return
Receipt Requested, or it may alternatively be served by personal delivery or by using the
“Substituted Service” or “Conspicuous Service” method.

Who May Serve a Subpoena

Anyone NOT A PARTY to the action, who is over the age of 18, and not a Police Officer,
may serve the Subpoena.

Proof of Service

The person who serves the Subpoena to Testify or the Subpoena for Records must fill out
an Affidavit of Service and have it notarized.

Procedure

The person who is going to serve the Subpoena must:

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1) Find the person to be served.
2) Show that person the original Subpoena.
3) Give that person a copy of the Subpoena.
4) Fill out the Affidavit of Service on back of the original.
5) Retain the Affidavit of Service for further procedures if the person fails to
comply with the Subpoena.
6) A copy of a Subpoena for Records (Duces Tecum) must also be served
either ‘in hand’ or by mail on each party who has appeared in the action so
that it is received by them promptly after service on the witness.

For an Information Subpoena follow the above procedure, or

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1) Place a copy of the Subpoena, together with an original and copy of the
questions to be answered in an envelope addressed
to the witness.
2) Include a self-addressed, stampede envelope for use by the witness returning
the answered questions to you.
3) Mail the envelope to the witness by Certified or Registered Mail, Return
Receipt Requested.

Fees for Service

When served with a Subpoena to Testify or a Subpoena for Records, the witness must be
paid a witness fee of $15.00 per day.

If the witness is served outside the City of New York s/he
shall also be paid 23 cents per mile to the place of attendance, from the place where s/he was
served, and return.

The fee must be paid a reasonable amount of time before the scheduled date.
Nonpayment of the witness fee voids the duty to appear.

NOTE: A subpoena for records must also be served on all parties to the action following
CPLR § 2303.

Location

A subpoena from the Civil Court of the City of New York may be served only within the
City of New York or in Nassau County or Westchester County, Service anywhere else may only
be done if permitted by a Judge.

Restrictions

General

A Subpoena may be served on a Sunday.
A City or State agency or a public library may be subpoenaed only by order of the
court.

Time

Any witness must be served a “reasonable” amount of time prior to the date of
appearance. It is suggested that service be at least 5 days before the date of the hearing.

A City or State agency or a public library must be served at least 24 hours prior to
the time of appearance.

#5 01-18-2008, 06:25 AM

I have filed and served several Subpoena duces tecum, thejudges involved either personnally (without due process) quashed them or refused to sign them. The result was that I didn't receive my required discovery and went to the hearing like a 1 legged man at an ass-kicking contest. This involves a Child Support case where the same "statutes" used to railroad me didn't apply to the "EX'. The first judge was disqualified but the second stepped right into his boots and still threw me under the bus. Is there an applicable form or style for this subpoena??