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The Federal Rules of Civil Procedure ... the substantive rules of law, often as reflected in the forms of ... Rule 45 deals with subpoenas. A subpoena commands a ...
If a deponent is a non-party to the action (not involved directly in the litigation, but wanted for testimony), production of documents can be compelled only through a proper subpoena duces tecum. [2] Federal cases and some states follow Rule 27(a)(3) of the Federal Rules of Civil Procedure concerning the production of documents in pretrial ...
Uniform Rules of Criminal Procedure 731 (a) Uniform Rule of Criminal Procedure Rule 731 (a) [Relating to requisite form of a subpoena] 39 Fed. Reg. 16787 – "Notice of Change of Title the examiners would be known as Administrative Law Judges; based on Title 5, Chapter 1 Civil Service Commission, Part 930; Subpart B - Federal Register (8-17-72)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Federal_Rule_of_Civil_Procedure&oldid=50698462"
Most state courts follow a similar version based upon the FRCP, Chapter V "Depositions & Discovery" Federal Rules of Civil Procedure. According to the Federal Rules of Civil Procedure, the plaintiff must initiate a conference between the parties after the complaint was served to the defendants, to plan for the discovery process. [35]
Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."
To demonstrate the absence of material evidence in the form of papers, documents and the like, it is usually necessary to show that a subpoena duces tecum has been issued. [96] A continuance in a civil case can be granted because of the death or illness of a party to the action. [97]
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.