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A subpoena in Montana MT is a writ issued by an attorney, 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 subpoena:
Subpoena ad testificandum served in Montana MT
Orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person.
Subpoena duces tecum served in Montana
Orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to the requesting party or directly to court.
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Subpoenas to be served in Montana are usually issued by an attorney or the clerk of the court in the name of the judge presiding over the case. Additionally, court rules may permit lawyers to issue subpoenas themselves in their capacity as officers of the court. Typically subpoenas are formatted "in blank" and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to fill in the appropriate information and have the subpoena served by a Montana process upon the witness. If a witness is reluctant to testify, then the personal service of subpoena is usually required with proof of service by non-party server.
A subpoena to be served in Montana will usually be on the letterhead of the court where the case is filed, name the parties to the case, and be addressed by name to the person whose testimony is being sought. It will contain the language "You are hereby commanded to report in person to the clerk of this court" or similar, describing the specific location, scheduled date and time of the appearance in Montana. Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding her or him not to leave the court facilities until excused by a competent authority. In some situations the person having to testify or produce documents is paid a fee for travel and mileage.
Pro se litigants in Montana who represent themselves, unlike lawyers, must ask a court clerk to officially issue them subpoena forms when they need to call witnesses by phone or in person, or when they need to officially request documents to be sent to them and/or directly to court. Any documents that have not been subpoenaed to court or verified by a witness may be dismissed by the opposite party as hearsay, unless accepted by hearsay rules or permitted by the judge.
Some states (as is the case in Florida) require the subpoenaing party to first file a Notice of Intent to Serve Subpoena, or a Notice of Production from Non-Party ten days prior to issuing the subpoena, so that the other party may have ample time to file any objections.
Also, the party being subpoenaed in Montana has the right to object to the issuance of the subpoena, if it is for an improper purpose, such as subpoenaing records that have no relevance to the proceedings, or subpoenaing persons who would have no evidence to present, or subpoenaing records or testimony that is confidential or privileged.
A.C.E Subpoena Services in Montana are provided to anyone seeking the services of a professional process server to deliver and serve a Subpoena. We have experience serving and delivering USDC Subpoena, State Subpoena's, Witness Subpoena's, Record Subpoena's, Subpoena for Trial, Subpoena to Appear for Deposition and all other Subpoena's in Montana.
Subpoena services performed in Montana are managed by licensed and experienced process servers and private investigators.
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Subpoenas delivered and served by an A.C.E Process Server in Montana require a witness to produce records, files, material and or other evidence are usually called a Subpoena Duces Tecum. The Duces Tecum Subpoena orders a person or entity to provide evidence which is usually mailed or delivered to a specific address, date and time. Or, a Subpoena served upon a witness in Montana to appear for a deposition or to testify is required personally to appear at a specific place and time and may be asked to be available for continued participate for an extended period of time.