NY Subpoena Ad Testificandum 2002-2024 free printable template

THE CITY OF NEW YORK OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS In the Matter of, Petitioner(s), against OATH Index No. / SUBPOENA AD TESTIFICANDUM Respondent(s). TO: WE COMMAND YOU, that all business

How to fill out subpoena ad testificandum form

How to fill out subpoena ad testificandum:

1. Obtain the correct form: First, you need to obtain the official form for a subpoena ad testificandum. This form can usually be found on the website of the court where the case is being heard or at the court clerk's office.
2. Fill in the case information: On the subpoena form, you will find spaces to enter the relevant case information. Make sure to accurately fill in the name of the court, the case number, and the names of the parties involved in the case.
3. Provide the witness information: Fill in the details of the witness who is being summoned to testify. Include the witness's full name, address, and contact information. It is essential to ensure the accuracy of this information to avoid any issues in locating or communicating with the witness.
4. Specify the date, time, and location of the testimony: Indicate the specific date, time, and location where the witness is required to testify. This information is essential for both the witness and the parties involved in the case. Be precise and clear about when and where the testimony is expected.
5. State the purpose of the witness's testimony: In the subpoena, provide a summary of the specific information or facts that the witness is expected to provide during their testimony. This helps the witness understand the purpose of their appearance and assists them in preparing for their testimony in advance.
6. Include any additional instructions or requirements: If there are any additional instructions or requirements that the witness needs to follow, such as bringing any documents or evidence to the courtroom, make sure to include them in the subpoena. This ensures that the witness is fully informed about what is expected of them.

Who needs subpoena ad testificandum?

1. Attorneys: Attorneys representing either the plaintiff or the defendant in a case may need to issue a subpoena ad testificandum to summon witnesses to provide testimony.
2. Parties to a lawsuit: If you are a party to a lawsuit and believe that a specific witness's testimony is crucial to your case, you may need to request a subpoena ad testificandum.
3. Court clerks: Court clerks play a critical role in issuing subpoenas and ensuring their proper delivery to the witnesses. They may need to initiate the process of subpoena ad testificandum on behalf of the court.
4. Judges: Judges may issue subpoenas ad testificandum when they determine that certain witnesses need to provide testimony in a case. This could be done upon the request of one of the parties or at the judge's discretion.

It is important to consult the specific rules and regulations of the jurisdiction where the case is being tried, as they may have specific requirements for issuing and serving a subpoena ad testificandum.

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People Also Ask about subpoena ad testificandum

What does duces tecum mean subpoena?

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.

How far in advance must a subpoena be served federal?

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

What is the difference between subpoena duces tecum and subpoena ad Testificandum?

Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.

What is the difference between subpoena and subpoena duces tecum?

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.

What does the legal term subpoena duces tecum mean?

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.

What is duces tecum and ad Testificandum?

The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.

What does subpoena ad testificandum mean?

: a writ commanding a person to appear in court to testify as a witness.

What is the difference between subpoena duces tecum and subpoena ad testificandum?

Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.

What is the meaning of 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.

For pdfFiller’s FAQs

What is subpoena ad testificandum?

A subpoena ad testificandum is a type of legal document issued by a court that requires a person to appear at a specific time and place to provide testimony in a trial or other legal proceeding. It is commonly issued to compel a witness to testify verbally, as opposed to a subpoena duces tecum, which is used to require a person to produce documents or tangible evidence. The term "ad testificandum" is derived from Latin and means "to give testimony."

Who is required to file subpoena ad testificandum?

A party to a legal proceeding or their attorney may file a subpoena ad testificandum. This type of subpoena is used to compel a witness to appear in court or at a deposition to testify in person.

How to fill out subpoena ad testificandum?

When filling out a subpoena ad testificandum, which is a subpoena ordering a person to testify at a specific time and place, you need to include various details. Here is the general process to fill out a subpoena ad testificandum: 1. Title: Start with the title "Subpoena ad Testificandum" at the top of the document, centered and in bold letters. 2. Court Information: Include the name of the court that has issued the subpoena, as well as its address. 3. Caption: Enter the caption of the case, which includes the names of the parties involved in the lawsuit, case number, and judge's name. It is usually located at the top right or left corner of the page. 4. Case Information: Provide a brief description of the case or indicate the specific hearing, trial, or deposition for which the person's testimony is required. 5. Issuing Attorney's Information: Include the name, address, and contact information (phone and email) of the attorney or party who is issuing the subpoena. This information is crucial if the recipient has any questions or needs to make arrangements. 6. Witness Information: Clearly state the full name of the person being subpoenaed as a witness. If known, include their address, contact number, and any other relevant contact information that could help facilitate communication. 7. Date and Time: Specify the date, day of the week, and the exact time when the person is required to appear. Be as specific as possible to avoid confusion. 8. Location: Indicate the complete address of the place (courtroom, law office, etc.) where the person should appear for testimony. Include any additional instructions or details about the location, such as floor number or room name. 9. Instructions: Provide any specific instructions the person must follow, such as documents to bring, dress code, or other requirements relevant to their testimony. 10. Statement: Add a statement clearly mentioning the consequence of failure to comply with the subpoena, such as contempt of court or other legal consequences. 11. Signature and Date: Leave space for the attorney or issuing party to sign and date the document. It is essential to consult with a lawyer or legal professional familiar with the specific rules and regulations of the jurisdiction where the subpoena is being issued. They can guide you through the process and ensure that your subpoena ad testificandum is accurately completed.

What is the purpose of subpoena ad testificandum?

The purpose of a subpoena ad testificandum is to order an individual to appear before a court, tribunal, or other legal authority to give testimony or provide evidence as a witness. It is a legal document that compels a person to attend and give testimony at a specific time and place. The purpose is to ensure that the person's testimony is obtained in a legal proceeding or investigation and that all relevant information is presented before the court or tribunal.

What information must be reported on subpoena ad testificandum?

There are certain key pieces of information that must be included when reporting a subpoena ad testificandum. These typically include: 1. Names and addresses: The names and addresses of both the party issuing the subpoena (the plaintiff or prosecutor) and the witness being summoned must be listed. 2. Case information: The case title, docket number, and court information (name, address, and division) for the ongoing legal proceedings must be specified. 3. Description of witness: The subpoena should accurately describe the witness being summoned, including their full name, occupation, and any relevant affiliations. 4. Date and time: The date, time, and location where the witness is expected to appear for testimony must be clearly stated. 5. Testimony details: The specific information regarding the nature of the testimony being sought should be provided. This can include stating whether it is a fact witness, expert witness, or any other specific role. 6. Requested documents or evidence: If there are any additional documents or evidence that the witness is required to bring along, this should be clearly mentioned in the subpoena. 7. Signature and official seal: Finally, the subpoena should be signed by the person issuing it (usually an attorney or government official) and carry their official stamp or seal. It is important to note that the exact requirements for a subpoena ad testificandum may vary depending on the jurisdiction and specific court rules. It is advisable to consult local legal resources or seek advice from a qualified attorney when preparing or responding to a subpoena.

When is the deadline to file subpoena ad testificandum in 2023?

I apologize, but I'm unable to provide specific legal information or deadlines as they can vary by jurisdiction and case. It is recommended to consult with a legal professional or refer to the relevant laws, rules, or procedures of the specific court where the case is being handled to determine the deadline for filing a subpoena ad testificandum in 2023.

What is the penalty for the late filing of subpoena ad testificandum?

The penalty for the late filing of a subpoena ad testificandum (a subpoena to testify) can vary depending on the jurisdiction and the specific circumstances of the case. Generally, the party who fails to comply with a subpoena, whether it is the individual being subpoenaed or the party requesting the subpoena, may face sanctions imposed by the court. Possible penalties for late filing or non-compliance with a subpoena can include: 1. Contempt of court: The court may hold the non-compliant party in contempt, which can result in fines or even imprisonment. 2. Cost-shifting: The non-compliant party may be ordered to pay the costs and expenses incurred by the other party as a result of the non-compliance. 3. Default judgment: The court may enter a default judgment against the non-compliant party, which means they automatically lose the case. 4. Exclusion of evidence: The court has the power to exclude any evidence that was not properly produced or presented due to non-compliance with a subpoena. It is important to consult with an attorney or seek legal advice specific to your jurisdiction to fully understand the potential penalties for the late filing of a subpoena ad testificandum.

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