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Subpoena In A Civil Case 58 - Delaware
| Subpoena In A Civil Case Form. This is a Delaware form and can be used in Justice Of The Peace Court Statewide . |
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IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR ___________ COUNTY COURT NO. _____ IN RE: CIVIL ACTION NO. _________________ _______________________________________ Last name(s) of plaintiff(s)/complainant(s) vs. _______________________________________ Last name(s) of defendant(s) SUBPOENA IN A CIVIL CASE I request that the Court command the person listed below to come to the Court and give testimony and/or bring certain evidence or permit inspection and copying of the documents or objects listed below. Name and Address of Person to be Those Items Which the Person Must Subpoenaed Bring or Permit Inspection Of_____________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ___________________________________________Date________________ ___________________________________________ Signature of Party ___________________________________________ Name (Printed) ------------------------------------------------------------------------ --------------------------------------------------------------------TO: ___________________________(subpoenaed person): YOU ARE COMMANDED to (check one) _______ (1) appear in the Delaware Justice of the Peace Court at the place, date, and time specified below to testify in the abo ve case, and bring the items notedabove, OR _______ (2) produce and permit inspection and copying of certain docum ents or objects at the place, date, and time specified below. PLACE OF TESTIMONY/INSPECTION DATE AND TIME ITEMS TO BE BROUGHT TO COURT OR TO BE INSPECTED Date: ________________________________ _______________________ __________(SEAL) Court Official/Attorney American LegalNet, Inc.J.P. Civ. Form No. 58 (Rev. 6/15/00) www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 PROOF OF SERVICE DATE OF SERVICE PLACE OF SERVICE SERVED SERVED ON (PRINT NAME) MANNER OF SERVICE SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the State of Delawa re that the foregoing informationcontained in the Proof of Service is true and correct. Executed on ___________________ ________________________________ DATE SIGNATURE OF SERVER _______________________________________________________ ADDRESS/PHONE NUMBER OF SERVER Justice of the Peace Court Civil Rule 45 (excerpted): (c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and serv ice of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The Court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is n ot limited to, lost earnings and a reasonable attorneys fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things or inspection of premises need not appear in person at the place of prod uction or inspection unless commanded to appear for hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person c ommanded to produce and permit inspection and copying may, within 15 days after service of the subpoena or before the time specified for comp liance if such time is less than 15 days after service, serve upon the party or attorney designated in the subpoena written objection to in spection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shal l not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the Court. If objection has bee n made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from sign ificant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the Court shall quash or modify the s ubpoena if it (i) fails to allow reasonable time for compliance, (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iii) subjects a person to undue burden. (B) If a subpoena requires disclosure of an unretained experts opinion or information not describing specific ev ents or occurrences in dispute and resulting from the experts study made not at the request of any party, the Court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the Court may order appearance or production only upon specified conditions. (d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents sha ll produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the d emand. (2) When information subject to a subpoena is withheld on a cl aim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (e) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of court. J.P. Civ. Form No. 58 (Rev. 6/15/00) American LegalNet, Inc. www.USCourtForms.com
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