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Doe 6, the California Court of Appeals applied the prima facie showing test in the libel context, holding that "[w]here it is clear to the court that discovery of the defendant's identity is necessary to pursue the plaintiff's claim, the court may refuse to quash a third-party subpoena if the plaintiff succeeds in setting forth evidence that a ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
A subpoena (/ s ə ˈ p iː. n ə /; [1] also subpœna, supenna or subpena [2]) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
The subpoena is a process in the name of the court or a judge, carrying with it a command dignified by the sanction of the law. [33] A subpoena has been called a mandate lawfully issued under the seal of the court by a clerk thereof. [34] In general, the norm is to have the clerk of the court issue the subpoena for an upcoming trial in that ...
An objection to form—to the wording of a question rather than its subject matter—is not itself a distinct objection reason, but a category that includes ambiguity, leading, compounding and others. Court rules vary as to whether an "objection to form," by itself, preserves the objection on the record or requires further specification. [8]
Pursuant to California Rule of Court 3-1345 a motion to compel must include the following parts: (c) Contents of separate statement A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.